Country reports on human rights practices

Material Information

United States -- Department of StateUnited States -- Congress. -- Senate. -- Committee on Foreign RelationsUnited States -- Congress. -- House. -- Committee on International Relations

Publisher:

U.S. Govt. Print. Off.

Place of Publication:

Washington

Publication Date:

1978

Subjects

Subjects / Keywords:

Civil rights ( lcsh )

Genre:

federal government publication ( marcgt )non-fiction ( marcgt )

Notes

Additional Physical Form:

Also available in electronic format.

Statement of Responsibility:

submitted to the Committee on International Relations, U.S. House of Representatives, and Committee on Foreign Relations, U.S. Senate, by the Department of State in accordance with sections 116(d) and 502(b) of the Foreign assistance act of 1961, as amended.

General Note:

Reuse of record except for individual research requires license from LexisNexis Academic & Library Solutions.

General Note:

CIS Microfiche Accession Numbers: CIS 78 H462-10

General Note:

At head of title: 95th Congress, 2d session. Joint committee print.

General Note:

"Submitted...in accordance with sections 116(d) and 502B(b) of the Foreign assistance act of 1961, as amended."

General Note:

Reuse of record except for individual research requires license from Congressional Information Service, Inc.

General Note:

Issued Feb. 3, 1978.

Record Information

Source Institution:

University of Florida

Rights Management:

All applicable rights reserved by the source institution and holding location.

The human rights reports contained herein were prepared by the Department of State in accordance with sections 116 (d) and 502B (b) of the Foreign Assistance Act, as amended.
Given the wide interest in human rights, these reports are being printed to assist Members of Congress in their consideration of .legislation relating to human rights and U.S. foreign policy.

DEPARTMENT OF STATE,
Washington, D.C., January 31,1978.
Hon. CLEMENT J. ZABLOCKI,
Chairman, Committee on International Relations, House of Representatives.
DEAR MR. CHAIRMAN: I have the distinct honor to present the following reports in fulfillment of the annual reporting obligations under sections 116(d) and 502B (b) of the Foreign Assistance Act of 1961.
Sincerely,
DOUGLAS J. BENNET, Jr.,
Assistant Secretary Enclosure: for Congressional Relations. Enclosure:
As stated.
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The following human rights reports are submitted pursuant to Section 116(d)(1) and Section 502B(b) of the Foreign Assistance Act of 1961, as amended.* As
called for by these Sections, these reports cover those
countries receiving economic assistance under Part I
of the Act or proposed as recipients of security assistance. This is not a worldwide survey and does not include reports on numerous countries with serious
human rights problems.

*Section 116(d)(1) provides as follows:

The Secretary of State shall transmit to the
Speaker of the House of Representatives and the
Committee on Foreign Relations of the Senate, by
January 31 of each year, a full and complete report
regarding -"M the status of internationally recognized
human rights,, within the meaning of subsection (a),
in countries that receive assistance under this
part,-.0."

Section 502B(b) provides as follows:

*The Secretary of State shall transmit to the
Congress, as part of the presentation materials for
security assistance program proposed for each fiscal
year, a full and complete report, prepared with the
assistance of the Assistant Secretary for Human Rights
and Humanitarian Affairs, with respect to practices regarding the observance of and respect for internationally recognized human rights in each country proposed as a recipient of security assistance. In
determining whether a government falls within the
provisions of subsection (a) (3) and in the preparation of-any report or statement required under this
section, consideration shall be given to -"(1) -the relevant findings of appropriate
international organizations, including nongovernmental organizations, such as the International
Committee of the Red Cross; and

(2) the extent of cooperation by such government in permitting an unimpeded investigation by
any such organization of alleged violations of internationally recognized human rights."

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AFRICA

BENIN

Benin is a small one party socialist state with very limited natural resources. It has experienced frequent changes of goverment since it became independent in 1960. The present regime, oriented on "scientific" Marxism-Leninism, has endured the longest of any and has offered some measure of stability. In January 1977 mercenaries landed at Cotonou airport and tried to take over the government by military force. Their effort ended in total failure. The social and economic goals set by the state are given precedence over integrity of the person and civil liberties.

1. Respect for the Integrity of the Person, Including
Freedom from:

a. Torture

The Government of the People's Republic of Benin (GPRB) does not condone nor is there reliable evidence that it engages in torture. Amnesty International has received reports that, in 1975, some political prisoners were seriously mistreated and even tortured during their detention. We were not able to substantiate these reports nor have we received reports of serious mistreatment of those arrested following the January 16, 1977 mercenary attack.

b. Cruel, Inhuman or Degrading Treatment or
Punishment

Although rumors circulated in 1976 of persons being subjected to degrading treatment, their authenticity has never been substantiated. Prison conditions reflect the poverty of the country. Individuals who have openly criticized the Revolution have been sent to military camps for "revolutionary education." This involves standing for long hours reciting slogans and absorbing precepts of "scientific socialism." Indoctrinees usually have been released within two or three days. In 1975 and 1976, Amnesty International criticized GPRB treatment of political prisoners and asked for a commutation of eight death sentences pronounced upon coup plotters, many of whom were condemned in absentia. While the government did not respond to Amnesty International's appeal, it has never carried out any of the

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executions. Current indications are that it does not intend to do so.

c. Arbitrary Arrest or Imprisonment

During the five years that the Revolutionary Military Government has held power there have been four actual or alleged coup attempts, each of which has been followed by a wave of arbitrary arrests, imprisonment of suspected accomplices or plotters, and threats against would-be enemies of the state. Amnesty International has reported that in 1975 persons protesting the circumstances of the death of the minister of the interior (allegedly shot for adultery) were arrested, held without trial and suffered ill treatment prior to their release. The gist of this report appears to be accurate. Immediately following the January 16 mercenary attack a large number of Beninese and foreigners were taken into custody and questioned but nearly all were released after varying periods of detention.

The number of political prisoners currently being held in Cotonou is estimated at about 50. Most of them were arrested in connection with the January 16, 1977 coup attempt. Alleged coup collaborators from the military are reportedly being held outside the city, but we do' not know how many.

Detainees must spend a lengthy period in prison before positive action is-taken. Authorities seldom notify families of arrest. Nor when the person detained is a foreigner do the authorities typically inform the appropriate embassies. A major cause of delay is bureaucratic, e.g., no detainee can be released without signature of the arresting officer whose identity in many cases is not clear. In some instances release must be approved by the minister of the interior but access to him is most difficult toobtain.

The best-known political prisoners are three former presidents (Maga,, Apithy,. and Ahomadegbe) and Captain Janvier Assogba, leader of the alleged coup dletat attempt in 1975.

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d. Denial of Fair Public Trial

The previous constitution was suspended and rule by decree instituted shortly after Mathieu Kerekou seized power in 1972. The legal system, which was crippled by abrogation of the former constitution was dealt a final blow by the state of emergency instituted after the January 16, 1977 attempted coup dletat. Thus, no guarantees of an impartial public trial exist.

The government has in the past staged show trials of political prisoners. The new constitution, approved in September 1977, provides for public trial by "professional and non-professional" judges. It is too soon to tell how or whether this system will work.

e. Invasion of the Home

The January 16, 1977 mercenary attack led to widescale unauthorized searches of homes of Beninese and foreign nationals. Fears of a renewed mercenary attack have since abated; there have been no recent instances of arbitrary searches.

2. Governmental Policies Relating to the Fulfillment
of Such Vital Needs as Food,, Shelter,, Health Care
and Education

Economic policy is aimed at helping the poor, and specifically at.improving education and health care. Limited government resources and many institutional and policy changes in the past few years have hampered development efforts.

3. Respect for Civil and Political Liberties,
Including:

a. Freedom of Thought,, Speech,, Press,, Religion
and.Assembly

The GPRB's 1972 abrogation of the previous constitution and its efforts to transform Benin into a MarxistLeninist state based on principles of "scientific socialism" led to suppression of independent political or

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labor activity, demonstrations, free expression or any other activities implying criticism of the regime. The press is government-controlled and distribution of western publications is limited. Labor Unions are firmly controlled by the government. Although all religions are allowed to practice# the Kerekou Government, concerned about the power of local cult practices, has heavily curtailed traditional religious ceremonies. Christians have been harassed occasionally but churches continue to function normally. The only sect against which drastic action has been taken are the Jehovah's Witnesses who refused to acknowledge the legitimacy of the revolution. All expatriate members of this sect was expelled in April 1976 and their property confiscated.

The new 1977 constitution provides for freedom of speech, press, thought, assembly, association and demonstration (article 134). Article 136 also guarantees individual liberty to all citizens of the People's Republic of Benin'. Again it is too soon to know the degree to which the new constitution will be implemented.

b. Freedom of Movement Within the Country, Foreign
Travel and Emigration

There are no restrictions on the movements of Beninese citizens within the country. Travel of foreigners within Benin is restricted. Although the government controls emigration and foreign travel, in fact, it has apparently not sought to prevent dissidents from leaving the country.

c. Freedom to Participate in the Political Process

Such freedoms as existed in Benin were suspended with the abrogation of the former constitution in 1972. The new 1977 constitution, however, makes provision within a oneparty context for an elected assembly by universal adult suffrage. No date for elections has been definitively set. The People's Revolutionary Party remains the most important single element in the new political system.

4. Government Attitude and Record Regarding International and Non-Governmental Investigation of
Alleged Violations of Human Rights

There is no record of requests for on-the-spot outside investigations of human rights conditions in Benin. The government would be likely to view such requests as interference in its internal affairs.

BOTSWANA

The government of Botswana has demonstrated
a genuine concern for human rights and for political and civil liberties. The constitution which it inherited on its independence from Great Britain in 1966 provides specific guarantees for life, liberty and the security of the person. These have been respected in practice, and the government has committed itself to maintaining them in the face of rising regional turbulence and tension. Botswana maintains a democratic system of government, including free elections and a multi-party parliament, and tolerates public criticism of its policies. President Khamals personal dedication to human r ights has been responsible for much of Botswana's good record, but a strong effort has been made to institutionalize these attitudes throughout the government and society.

1. Respect for the Integrity of the Person, Including
Freedom from:

a. Torture

There have been no allegations of torture in Botswana.

b. Cruel, Inhuman or Degrading Treatment or
Punishment

There are effective legal safeguards in Botswana against cruel, inhuman or degrading treatment or punishment of any kind.

c. Arbitrary Arrest or Imprisonment

There are effective legal safeguards in Botswana against arbitrary arrest, detention or imprisonment. There are no political prisoners.

d. Denial of Fair Public Trial

Persons charged with a criminal offense are presumed innocent until proven guilty in a fair and public trial with legal counsel.

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e. Invasion of the Home

There are effective legal safeguards against arbitrary invasion of the home.

2. Governmental Policies Relating to the Fulfillment
of Such Vital Needs as Food, Shelter, Health Care
and Education

The government has given considerable attention to fulfilling the basic food and shelter needs of its poor. In 1977 it revalued its currency, despite the adverse effect on exports, specifically in order to place increased food purchasing power in the hands of the poor, who in Botswana constitute the overwhelming majority of the population and are heavily dependent on food imported from South Africa. Botswana policies designed to fulfill basic needs of the population include emphasis on agricultural development to meet the needs of the rural poor and on expanding educational programs, including vocational training.

Corruption is not a problem in Botswana. The small scale of society and the free (albeit government-owned and rather inexperienced) press militate against both petty corruption and the diversion of significant resources into the hands of a small elite.

Botswana guarantees in principle and permits in practice freedom of thought, speech, press, religion and assembly. This freedom extends to critics and political opponents of the government. The country's only daily newspaper is government-owned but independently edited and free of censorship. Private ownership of media isnot prohibited,, but has not so far proved economically feasible.

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b. Freedom of Movement Within the Country,
Foreign Travel and Emigration

Freedom of travel within the country and abroad and the freedom to emigrate are also respected. Botswana imposes no special restrictions on foreigners wishing to enter but may be forced to do so in the future if her borders continue to be violated by foreign guerrillas and Rhodesian security forces.

c. Freedom to Participate in the Political
Process

Botswana is a multi-party parliamentary democracy which allows open campaign criticism of the government and free, secret-ballot elections based on universal adult suffrage. Botswana's smallwhite minority participates freely in the political process and is represented in Parliament and the Cabinet. Registration, voting and public discussion of policy problems have been encouraged by the President.

4. Government Attitude and Record Regarding
International and Non-Governmental Investigation
of Alleged Violations of Human Rights

Botswana welcomes outside attention to and investigation of its human rights situation. Amnesty International believes the most serious human rights problem in Botswana involves not government actions but the status of the several thousand political refugees from neighboring states.. It urges the government to continue giving them economic assistance and political shelter against any forced repatriation. Botswana has extended political asylum to 'refugees irrespective of their political orientation or race, but its ability to assist them economically is limited. In 1977 the U.S. donated $6 million to help ease the financial burden placed on Botswana by the refugees.

BURUNDI

Social conflict between the majority (85 percent) Hutu ethnic group and the minority (14 percent) Tutsi group, has dominated the political, social and economic life of Burundi. While there are no important linguistic or cultural differences between these two ethnic elements, ancient social cleavages have contributed to an intense at times fierce competitive struggle for national predominance. An attempted coup in April in 1972 by the majority Hutu against the Tutsi government resulted in a cavernment-sanctioned bloodbath that left 150.000 dead and an equal number of refugees. The new government under Colonel Jean Baptiste Bagaza has developed a .strong policy of national reconciliation and reform designed to involve the Hutus much more fully in the political, social and economic life of the nation.

1. Respect for the Integrity of the Person, Including
Freedom from:

a. Torture

Torture is not part of the police interrogation practices in Burundi. Some brutality occurs during the questioning of common criminals, particularly if they have threatened violence against the police or used force in their alleged crimes.

b. Cruel, Inhuman, or Degrading Treatment or
Punishment

The current system does not impose cruel, inhuman or degrading treatment or punishment. However, the ethnic massacres and atrocities of the mid-sixties and early seventies are a recent memory and their specter lingers.
Prisons are crowded and dirty, but prisoners are normally left to themselves and not abused.

Several officials of the former regime remain under housearrest. There are few, if any, other political prisoners.

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d. Denial of Fair Public Trial

By law, all persons arrested must undergo expeditious public trial, but in practice the inefficiencies of the judicial system and the lack of.trained legal personnel often cause long delays and a lack of fairness.

e. Invasion of the Home

Invasion of the home is rare, but it occasionally happens in politically-related cases.

2. Governmental Policies Relating to the Fulfillment
of Such Vital Needs as Food, Shelter, Health Care
and Education

The reform-minded new government has recognized that peace, economic growth and stability require much more attention to fulfilling the vital needs of its citizens. The new five year plan places special emphasis on increasing food production, controlling population growth and ameliorating the full range of government social services in rural-areas.

Corruption is part of the Burundian way of life, as in many poor developing countries. The current government is trying to reduce corrupt practices and is preparing a triar of some eighty former officials and businessmen on corruption charges. The President himself has a reputation for scrupulous honesty.

3. Respect for Civil and Political Liberties Including:

a. Freedom of Thought, Speech, Religion, Press
and Assembly

Freedom of religion is generally respected in Burundi. However, missionaries' involvement in social work with the poor who are inevitably mainly Hutu, has on occasion aroused government suspicion, and in some instances has led to actual expulsions of foreign churchmen. Strictly religious work,, however,. has not been affected.

There is no freedom of assembly or speech for political purposes without the express authorization of the government.

The press and the labor movement are government-controlled.

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b. Freedom of Movement Within the Country,
Foreign Travel and Emigration

Movement is free within Burundi, as is foreign travel and emigration.

C. Freedom to Participate in the Political
Process

The military government rules by decree, without popular referendum procedures. Only one political party -- the government-sponsored UPRONA -- is permitted.-Political activity is generally controlled b-y th~ Government.

4. Government Attitude and Record Regarding International
and Non-Governmental Investigation of Alleged
Violations of Human Rights

The previous government was very sensitive to outside investigation of the ethnic situation in Burundi after the communal violence of 1972-73 and refused to permit investigation. The present government has not had to face this issue, but it would likely not wish outsiders to assess its program on ethnic relations. Even though it is a positive program, public exposure and well-intentioned and helpful criticism would tend to exacerbate traditional sensitivities.

CAMEROON

Cameroon has a civilian government operating under a constitution and within a single party system. Its unique history has led Cameroon to make national unity a principal objective. Three European powers governed Cameroon -- Germany, Britain and France. Furthermore, an ethnically based and ideologically motivated guerrilla campaign, begun against the French and continued against the independent goverment, severely tested that government's ability to foster national unity. By the mid-sixties, however, the Cameroonian government had managed to assert its control over the area in conflict. In 1965, President Ahidjo organized the Cameroon National Union (CNU) as the country's single political party, an amalgamation of previously existing ethnic and regional parties. In recent years, as the threat of internal subversion has receded, political detainees have been released, and restrictions of civil liberties have been largely removed.

1. Respect for the Integrity of the Person, Including
Freedom from:

a. Torture

Torture is prohibited in Cameroon. This prohibition appears to be observed in practice.

b. Cruel, Inhuman or Degrading Treatment or Punishment

Inadequate prison conditions result from financial woes and not from deliberate policies. In March 1977, Cameroon Presbyterian Church parishes organized a fund raising campaign to aid prisoners and bring their plight to public attention. Since then, the Cameroonian Government has stepped up its efforts to improve the training of prison officials, stressing the need always to regard prisoners as fellow human beings.

c. Arbitrary Arrest or Imprisonment

In 1976, Amnesty International selected Cameroon as one of its priority countries in francophone Africa and is currently investigating a number of alleged arbitrary arrests. The Cameroon Government has said that all remaining political prisoners were released in conjunction

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with National Day celebrations on May 20, 1977. At the present time, we have no information on specific individuals being detained on political charges.

d. Denial of Fair Public Trial

Defendants are allowed a fair, public trial.

e. Invasion of the Home

Invasion of the home does not occur with government sanction. sanction.

2. Governmental Policies Relating to the Fulfillment
of Such Vital Needs as Food, Shelter, Health Care
and Education:

The goverment is actively seeking ways to improve the living standards of the nation's poorest segments. At least half of the new five year development plan (1976-81) deals with improving social conditions. Specifically, the government plans to expand the educational and health facilities for both urban and rural populations; increase employment opportunities,-improve non-formal educational systems; provide professional training; and integrate youth into the development process. Some of these programs are already enjoying a fair degree of success.

Perhaps Cameroon's most ambitious plan is for the creation of a sound infrastructure base. The goverment has undertaken a project to improve the rail link between Yaounde and Douala in the expectation that a modern and efficient transport system will spur economic growth and benefit the rural population as has been the case with regard to the recently completed rail line between Yaounde and Ngaoundere. A port expansion program at Douala should bring about similar results.

In 1972, the country's three labor federations were united to form the National Union of Cameroon Workers, an affiliate of the CNU. Labor unions have little political or economic strength because of the small size of the salaried work force and goverment control over union activities. Strikes are banned in Cameroon.

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3. Respect for Civil and Political Liberties, Including:

a. Freedom of Thought, Speech, Press, Religion
and Assembly

In fact, Cameroon is characterized by diverse ethnic and religious traditions which are not only tolerated but encouraged. Freedom of speech and the press is circumscribed within the single party system. However, the press, while subject to government control, is relatively outspoken and is often a source of admitted embarrassment to government leaders.

Freedom of religion is observed in a nation comprised of animists, Christians, and Moslems. Christian missionaries are free to carry out their duties throughout the country, including the Moslem north.

Freedom of assembly for social and non-political purposes is generally unrestricted. Political meetings, however, are organized and controlled by the Cameroon National Union (CNU), the country's single political party.b. Freedom of Movement Within the Country, Foreign
Travel and Emigration

Cameroonians move freely throughout the country. International travel and emigration are usually unrestricted. Exit visas are required and are sometimes difficult to obtain, due to bureaucratic red tape. Occasionally, delays have resulted from the government's attempts to prevent certain individuals from leaving the country.

c. Freedom to Participate in the Political Process

Cameroon is a one-party state. The government does permit a considerable amount of discussion and competition A ng candidates vying for local or regional offices. Suffrage is universal, and elections for seats in the National Assembly are regularly scheduled. Only those candidates enjoying the CNU imprimatur,, however,, are allowed to have their names on the ballot.

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4. Government Attitude and Record Regarding International
and Non-Governmental Investigation of Alleged Violations of Human Rights:

In the past, the government has been quite willing to allow outside investigation into human rights violations. Amnesty International was invited to attend a series of political trials in 1971 and the resulting report was received and acknowledged by goverment officials.

Recently, however, Amnesty International claimed that the goverment was being less responsive to its specific inquiries.

CAPE VERDE

Cape Verde is a single party republic, and does not yet have a constitution. Its basic laws are decreed by the Government and approved by the elected National Assembly. These laws incorporate Portuguese law (from post-revolution Portugal) with local modifications. During the colonial period, which ended in 1975, Cape Verde was spared much of the political repression common to other Portuguese colonies, and emerged at independence with traditional concepts of civil liberties and human rights basically intact. The Cape Verde government appears to be committed to upholding the basic rights and freedoms contained in the Universal Declaration of Human Rights, and it does not condone violations.

1. Respect for the Integrity of the Person, Including
Freedom from:

a. Torture

There is freedom from torture.

b. Cruel, Inhuman or Degrading Treatment or
Punishment

There have been no reports of cruel, inhuman or degrading treatment or punishment in Cape Verde, nor do we have reason to'believe that such practices exist.

C. Arbitrary Arrest or Imprisonment

The absence of such capricious actions is the rule in Cape Verde. In June 1977, approximately 40 persons were arrested on the islands of Sao Vicente and Santo Antao for distributing anti-government pamphlets, attempting to provoke actions against the regime, and planning sabotage and the assassination of officials. Portuguese citizens involved in these activities were expelled to Portugal, reportedly followingcourt hearings. The detainees have been guaranteed a public trial with right to defense counsel, but they have not yet appeared in court.

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d. Denial of Fair Public Trial

The right to a fair public trial, with proper counsel, is observed in Cape Verde.

e. Invasion of the Home

There are effective legal safeguards against arbitrary invasion of the home.

2. Governmental Policies Relating to the Fulfillment
of Such Vital Needs as Food, Shelter, Health Care
and Education

The Cape Verdean goverment has taken positive action to implement programs and seek foreign assistance to fulfill basic needs. Because of a prolonged drought which has lasted for more than nine years, virtually all Cape Verdeans are poor. The government's steps to improve the lot of the poor majority by means of new programs in health, education, agriculture and irrigation have been recognized as practical and viable.

3;7
Respect for Civil and Political Liberties,
Including:

a. Freedom of Thought, Speech, Press, Religion
and Assembly

The freedoms of religion and assembly are generally respected, and church and civic organizations are active. A mass trade union organization is being created by Cape Verdean workers. Most of the nation's media is owned or controlled by the ruling party, and those media in private hands tend to exercise prudent restraint.

b. Freedom of Movement Within the Country,
Foreign Travel and Emigration

There are no restrictions on these freedoms.

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C. Freedom to Participate in the Political
Process

Cape Verde is a single-party state and opposition parties are not permitted. However, one need not be a member of the ruling party, the African Party for the Independence of Guinea-Bissau and Cape Verde (PAIGC), in order to hold elected or appointed office. A 56-member National Assembly was elected by universal suffrage in June 1975, and meets periodically to endorse laws drawn up by the Council of Ministers, which is chosen from among the members of the National Assembly.

4. Government Attitude and Record Regarding International and Non-Governmental Investigation of
Alleged Violations of Human Rights

There have been no requests for outside investigations. Cape Verde's response to any future requests would likely depend on the nature of the allegations and the reputation of the organization requesting the investigation.

CENTRAL AFRICAN EMPIRE

Constitutional rule returned to the Central African Empire (CAE) after an eleven-year hiatus in December 1976 with the proclamation of the Empire. Despite authoritarian rule, the Central African record during the past decade on some aspects of human rights, eg.,, freedom of religion and the involvement of women, is fairly good. The new constitution contains a specific bill of rights which guarantees basic civil and religious liberties and some political rights. National and party
elections should 'take place before the end of the year.

The nation's human rights image has suffered recently from isolated individual cases which have received widespread media attention -- such as the detention of two western journalists in July 1977, earlier (1972) ear cutting and public beating incidents, and the incongruity some journalists saw in the nature of the coronation ceremony in a poor country.

During the past four months the government of the CAE has actively sought to improve its human rights record. It has 'entered into a government-to-government human rights dialogue with the United States; made decisions and adopted polities designed to ameliorate the situation; and strongly reiterated its intention to continue the current trend.

1. Respect for Integrity of the Person, Including
Freedom from:

a. Torture

The extent to which torture is utilized, if at all, is unknown.

b. Cruel, Inhuman or Degrading Treatment or
Punishment

Prison conditions are inadequate by international standards. Detainees are mistreated and beatings are a common form of discipline.

The last incident of public mutilation took place in 1972 when the right ears of several convicted thieves were removed. This incident received a considerable amount of unfavorable external publicity. Partially as a

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result of the extremely negative foreign reaction, the government decided to stop the practice. The dismemberment statutes have been repealed and no further incidents have been reported.

In July 1977 two western journalists were arrested for violation of CAE immigration and censorship laws. The American was summarily expelled, but the Briton was beaten and incarcerated for a month. He was later expelled when the government decided not to press charges.

c. Arbitrary Arrest or Imprisonment

According to local law, detention without charges is limited to three days, but can be prolonged to six days. At that point, a detainee must either be formally charged or permitted to go free. In practice, however, the preventive detention of many persons is prolonged without judicial recourse.

Several of the seven political prisoners reported by Amnesty International in February 1977 were released in December 1977.

d. Denial of Fair Public Trial

The legal system of the CAE is patterned on the French judicial system. A number of conscientious jurists attempt to see that laws are justly executed and that correct legal procedures are applied in a fair and public manner.

A potential challenge to the authority of the traditional civil court structure is the Permanent Military Tribunal. The jurisdiction of the tribunal now extends to all political crimes and all cases of embezzlement or misappropriation of state funds or property. The notable human rights aspects of the Tribunal include: 1) no right to counsel, 2) no right of appeal, and 3) restriction to the Emperor of the decision to prosecute before the Permanent Military Tribunal..

e. Invasion of the Home

Inviolability of the home is guaranteed in the new imperial constitution. In practice it is not respected in politically-related cases.

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2. Recent Trends in Governmental Policies Relating to the Fulfillment of Such Vital Needs as Food,
Shelter, Health Care and Education

.The development strategy of the government of the Central African Empire is summed up in the national slogan, "to clothe, to house, to'feed, to care for, and to educate."

Within the limited resources available to it, and with the assistance of foreign donors, the nation has had some success in implementing this mandate. Expansion of health, education, and agricultural services has high priority as does the creation of-a rural development corps.

Corruption exists, but it is difficult to establish the extent to which corruption hinders the achievement of national economic goals. When caught, offending officials are imprisoned.

3. Respect for Civil and Political Liberties, Including:

a. Freedom of Thoug4t,, Speech,, Religion,, Press
and Assembly
.The CAE continues to enjoy a good record concerning the freedom of religion. Religious organizations are an integral part of life in the CAE and are protected by the new constitution. The right of access to knowledge, right of association and rights of privacy are also guaranteed, except when deemed interference with the security of the state. International mail is regularly censored.

The press is goverment-controlled and assembly for political purposes is subject to government authorization. There is in practice flexibility within the system and some limited freedom of expression. For example, the American Ambassador was recently asked to debate U.S. human rights policies on national television. The government does not seek to impose ideological conformity or restrict intellectual enquiry.

The national trade union is a government sponsored institution. Nonetheless, it has in the past had latitude for independent action on bread-and-butter issues and negotiation with expatriate employers.

b. Freedom of Movement within the Country,
Foreign Travel and Emigration

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Although there are security checks for travelers there are few limitations on movement within the country. There are few restrictions on foreign travel or emigration.

C. Freedom to Participate in the Political Process

The December 1976 change in the form of government from republic to monarchy marked the goverment's announced intent to restore democratic institutions. The constitution calls for creation ofa national assembly which will join the executive branch as one of the two main elements of the government, under the overall supervision of the Emperor. All deputies will be required to be members of the sole political party and will enjoy limited parliamentary immunity. Party and national elections should take place in 1978. All adults will be eligible to vote. 1

4. Government Attitude and Record Regarding International and Non-Governmental Investigation of
Alleged Violations of Human Rights

No outside independent organizations the best of our knowledge, have requested permission to investigate human rights violations in the Central African Empire, despite the recent detentions of two western journalists. The Central African Empire invited Amnesty International to visit the CAE and to attend the coronation ceremonies.

CHAD

Chad is ruled by a military government. The armed forces seized power in April 1975 claiming that the previous regime had mismanaged the economy and failed to unite the country and end the guerrilla war which has been going on for more than a decade. While certain rebel groups have reconciled their differences with the new government, the main insurgency continues. Following the military coup, a number of political prisoners were released. However, since the government considers itself to be in a state of war, it believes that certain political rights, such as free speech, must be restricted for the time being.

1. Respect for the Integrity of the Persont Including
Freedom from

a. Torture

There are no reports that the current government has practiced torture.

b. Cruel, Inhuman or Degrading Treatment or Punishment

The present provisional government put an end to forced participation in physically grueling tribal initiation rites when it assumed power in April 1975. There are no reports that cruel, inhuman or degrading treatment or punishment are now practiced, nor do we have any evidence of arbitrary deprivation of life.

c. Arbitrary Arrest or Imprisonment

When it assumed power the provisional government released a number of political prisoners detained by the previous government, but placed several members of the previous regime under arrest. The current government has not been able to end the longstanding rebellion in northern and eastern Chad. As a result, the government has felt obliged to curtail personal liberties in the primary regions of conflict. Arbitrary arrests of suspected guerrillas have occurred.

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d. Denial of Fair Public Trial

The right to a fair public trial is generally observed in civil and criminal cases not involving political acts. Most political detainees have been tried by military courts or by special tribunals of the Ministry of Interior, some public and some closed. other detainees have been released without trial because of lack of evidence.

The coup plotters who attempted to assassinate the President in April 1976 were tried before a public military tribunal. A variety of sentences, from exculpation to execution, were handed down by the tribunal, after a full hearing of the available evidence. In April 1977 several military officers who attempted to assassinate the President were convicted of armed insurrection by the Supreme Military Council in a closed court-martial and subsequently executed.

e. Invasion of the Home

This does not appear to be generally practiced, although it could be authorized in accordance with. security measures to cope with the guerrilla insurgency.

2. Governmental Policies Relating to the Fulfillment
of Such Vital Needs as Food, Shelter, Health
Care and Education

As a very poor country, Chad has actively sought foreign aid to improve the living standards of its nationals. The provisional government has publicly committed itself to improving the standards of living of its citizens by raising the per capita income, promoting development of its agricultural sector and improving social services and educational programs. It has been relatively successful in its efforts to obtain external aid for these social programs. Most of the current programs concentrate on basic institutional development, and it is still too early to measure their impact on Chad's national development.

27

3. Respect for Civil and Political Liberties Including

a. Freedom of Thought, Speech, Press, Religion
and Assembly

Freedoms of thought, speech, religion or assembly are not specifically guaranteed by law. The government makes no attempt to foster intellectual or ideological conformity, but the freedoms of speech and assembly are restricted for security reasons. The Press is state-controlled in Chad. Chadian nationals and foreigners in Chad are free to practice the religion of their choice. The provisional government is reportedly drafting a new judicial code which is to guarantee a measure of civil and political rights to Chadian nationals. Although a former French colony, traditional law continues to be highly influential throughout Chad. Trade unions are prohibited from engaging in any political activity, and the right to strike exists only within the private sector because of the national emergency.

b. Freedom of Movement Within the Country, Poreign
Travel and Emigration

Since there is an active insurrection in parts of Chad, freedom of movement is restricted. Emigration and foreign travel are occasionally controlled for security reasons due to the insurgency.

c. Freedom to participate in the Political Process

Only those individuals designated and appointed by Chad's governing military leaders are free to participate in the political process. The military has postponed plans to return the country to civilian rule until the internal security situation has improved.

4., Government Attitude and Record Regarding International and Non-Governmental Investigation of
Alleged Violations of Human Rights

Under the previous regime, various international and religious organizations proposed that Chad be investigated for serious government violations of human

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rights, particularly in the area of political and religious freedoms. Since the new regime has been in power, there have been no proposals for outside investigation of alleged human rights violations in Chad. We do not know how receptive the government would be to such an investigation.

DJIBOUTI

The Republic of Djibouti, formerly the French Territory of Afars and Issas, has been independent since June 1977. Our information on the human rights record of the Djibouti Government dates from that time. Until recently there were no indications of any human rights violations. However a mid-December terrorist explosion in a popular bar has provoked stringent security measures by the Djibouti government which fears that the incident is the beginning of a major attempt to shatter the fragile political consensus established just before independence.

1. Respect for the Integrity of the Person, Including
Freedom from:

a. Torture

There have been private allegations that some torture
has been practiced in pursuing the investigation of the terrorist incident. We do not know whether
the charges are justified.

b. Cruel# Inhuman or Degrading Treatment or
Punishment.

Beyond the allegations noted in l.a., we have no indication of cruel, inhuman or degrading punishment. We have no information on prison conditions.

c. Arbitrary Arrest or Imprisonment

It is impossible for us to judge whether any of the arrests which have occurred following the terrorist incident can be called arbitrary. Those recently arrested have been taken into custody because of suspected connection with a terrorist campaign.

d. Denial of a Fair Public Trial

Trials in ordinary civil and criminal cases are public and appear to be fair. There has not been enough time since independence to determine how "political" cases will be handled.

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e. Invasion of the Home

It is unlikely that people suspected of connection with or terrorist groups are free from arbitrary search and seizure of personal possessions.

2. Governmental Policies Relating to the Fulfillment
of Such Vital Needs as Food, Shelter, Health Care
and Education.

The new government of the Republic of Djibouti is seriously concerned about the economic progress of the country.

Within its very limited resources it is attempting to stimulate economic development to meet the needs of the mass of the people. It has been seriously handicapped, however, by the economic dislocation caused by the Ogaden conflict between Ethiopia and Somalia, which has resulted in the cutting of the railway f rom Djibouti to Addis Ababa, Djibouti's main economic resource, and in a large influx of refugees.

3. Respect for Civil and Political Liberties, Including:

a. Freedom of Though, Speech, Press, Religion
and Assembly

Djibouti does not yet have a constitution, but is proceeding on an ad hoc basis with a modified form of the government inherited from the French. We have no information on the degree to which freedom of speech and assembly may have been curtailed during the present political and security crisis. There is freedom of religion in Djibouti. We have no indication that the local press is censored.

b. Freedom of Movement Within the Country,
Foreign Travel and Emigration.

We have no indication that freedom of movement by Djibouti citizens has been curtailed, either within or
outside the country.

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c. Freedom to Participate in the Political
Process.

The opportunity for popular participation in the political process has been enhanced by independence; freedom of political participation has not been
limited. There is universal adult suffrage.

4. Government Attitude and Record Regarding International and Non-Governmental Investigation of
Alleged Violations of Human Rights.

The government of Djibouti is committed to the establishment and preservation of a liberal and economically progressive state and is mainly responsible for what progress has been made in these directions since independence.

Therehave been no requests for inspection of Djibouti's human rights record, and no independent body has yet
charged the government of Djibouti with violations since its independence.

ETHIOPIA

Respect for human rights in Ethiopia, not well observed by the autocratic regime of Emperor Haile Selassie, has deteriorated since the assumption of power by the Ethiopian Provisional Military Government (EPMG) in September 1974. The human rights situation is deeply affected by the political revolution currently in progress and by armed conflict against the secessionist Eritreans as well as against other opponents,', including Ogadeni Somalis supported by-Somalia.

Respect for the Integrity of the Person, Including Freedom from:

a. Torture

We have received a few allegations of torture which
appear to be valid.

b* Cruelly Inhuman or Degrading Treatment or
Punishment

There have been no substantiated reports of cruel, inhuman or degrading treatment or punishment. However, under the prevailing wartime conditions excesses often occur,, perpetrated both by government forces and their opposition. 'In an effort to check active opposition, and particularly to disarm urban terrorists groups, the EPMG has organized several wide-ranging search and seizure programs. One such campaign became haphazard and unsupervised in March 1977# resulting in numerous deaths and arrests. Another occurred in December 1977 when there were reports of widespread executions and numerous bodies were found in the streets as if on display. This recent campaign, officially labelled "red terror" by the government, is continuing in 1978.

c. Arbitrary Arrest or Imprisonment

The use of arbitrary arrest and the lengthy imprisonment of opponents of the government has been common. For example, the wives and children of many of the 60 high-ranking officials summarily executed in 1974 by the regime remain in prison.

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d. Denial of Fair Public Trial

Denial of fair public trial is a common occurrence in Ethiopia.

e. Invasion of the Home

As part of the government's search and seizure programs, neighborhood associations (Kebeles) were armed and authorized to carry out indiscriminate searches of homes, vehicles and persons in an effort to locate weapons and anti-government literature.
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2. Government Policies Relating to the Fulfillment
of Such Vital Needs as Food# Shelter, Health
Care and Education

Although the revolutionary turmoil has in part blocked'realization of this goal, government policy seems genuinely aimed at raising the social and economic level of the masses. Centuries of feudalism seem to have been dealt a fatal blow by EPMG actions. The approach of the government, however, is heavily ideological, and it tolerates no opposition to
its approach or methods.

The government's land reform program has ended the widespread ownership of land by an oppressive aristocratic caste (this was formerly most striking in the areas inhabited by non-Amharic people, notably the Galla-peopled Southwest). More food is now consumed or stored by the rural populace than was the case under the Emperor. There appears to be considerable satisfaction among the peasant class, which makes up the bulk of the population with the economic and social gains achieved to date.

Health care at best is rudimentary in Ethiopia, but its improvement is being given top priority by the government. The EPMG is cooperating with the World Health Organization in eliminating the last vestiges of smallpox from Ethiopia; Somalia is the only other country in the world where smallpox is still reported.

Corruption in the Ethiopian Government is not widespread.

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3. Respect for Civil and Political Liberties,
Including:

a. Freedom of Thought, Speech, Pressl Religion
and Assembly

With the exception of religion, these rights are non-existent in Ethiopia. Ethiopia's labor union movement is subservient to the EPMG, which has destroyed the relative independence the movement once enjoyed.

b. Freedom of Movement Within the Country,
Foreign Travel and Emigration

Travel abroad by Ethiopians is strictly controlled. Except for disruptions caused by the security situation, movement within the country seems so far to have remained unaffected by the revolution. Emigration has been virtually halted although a number of exceptions .on humanitarian grounds have been reported. Social contacts between Ethiopian officials and many foreign diplomats (mostly Western) are probably unofficially discouraged and many private citizens no longer consider such contacts wise in the present political climate.

c. Freedom to Participate in the Political
Process

The EPMG rules by decree on the basis of a rough consensus provided by military personnel elected by military units. Ultimate power is vested in the Provisional Military Administrative Council (PMAC) or Dirg, which makes all major decisions. The Parliament and Constitution have been dissolved and no national elections are contemplated for the near
future, although elections with universal adult suffrage have been held in urban areas for the Kebele Leadership Councils.

Of course, the absence of political parties or elections for national office seriously circumscribes the political life of the country. Nevertheless, for the mass of the populace opportunities to participate in

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rudimentary political activities have been widened at the local level. The formation of urban and rural dwellers' associations have provided a vehicle for the Ethiopian masses to make a limited contribution to some of the political decisions that have a bearing on their lives. The masses had scant influence on such decisions under Haile Selassie.

4. Government Attitudes and Record Regarding International and Non-Governmental Investigation of
Alleged Violations of Human Rights'

In the government's view, the level of human rights enjoyed by the Ethiopian masses has improved measurably since the revolution. The EPMG points to economic gains and participation in the basic decisionmaking process at the local level as areas in which the government deserves credit. Proposals for international or non-governmental investigation of alleged violations would probably be regarded as interference in domestic affairs. The International Red Cross has been denied access by the EPMG to strife-torn Eritrea. This is the only such request that has come to our attention.

GABON

Gabon is a one-party state in which political power is effectively concentrated in the Presidency. Given the country's economic prosperity, small population, and lack of ethnic tensions, there is little opposition to the present leadership, which has been in office since 1967. While political activities are circumscribed to within the single party, civil and individual rights are generallyrespected.

1. Respect for the Integrity of the Person, Including
Freedom from:

a. Torture

Torture is prohibited by law in Gabon, and this prohibition appears to be followed in practice.

b. Cruel, Inhuman or Degrading Treatment or Punishment

We have no information that such treatment or punishment occurs.

c. Arbitrary Arrest or Imprisonment

Arbitrary arrest and imprisonment are rare. Political detentions have occurred, but the practice is not widespread or systematic. Prolonged detention is usually based on court sentences. We have no information to confirm that Gabon holds any detainees.

d. Denial of Fair Public Trial

The right to a fair, public trial is respected in civil and criminal cases.

e. Invasion of the Home

Invasion of the home does not occur with government sanction.

2. Governmental Policies Relating to the Fulfillment
of Such Vital Needs as Food, Shelter, Health Care
and Education:

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Gabon's large mineral and timber resources (oil, uranium, manganese, unexploited iron ore) and its small population (600,000) have led to distortions in economic policy which the goverment has begun to address. Given its substantial foreign exchange earnings# Gabon has tended to import virtually everything it needs from Europe. An increasingly urban population has learned to live off of imported foodstuffs purchased at inflated prices because of domestic production short-falls. Earlier Gabonese capital investment programs focused primarily on development of mineral resources. In the past year, however, the government has become increasingly aware of the need to improve agricultural productivity, and to better the condition of the rural dweller.

3. Respect for Civil and Political Liberties, Including:

a. Freedom of Thought, Speech, Press, Religion,
and Assembly

Freedom of thought and speech are generally unrestricted except in the political domain. Although President Bongo has converted from Catholicism to Islam, there are no restrictions on religious worship or missionary activities in the country. While there are also no legal restrictions on the right of assembly, the existence of a single political party, the Democratic Party of Gabon (DPG),, and a government-approved labor federation means that in practice all assembliesfor political purposes above the village level require de facto government approval. Organized labor in Gabon is closely affiliated with the ruling political party. The press is government controlled. The government makes no effort to restrict freedom of thought or intellectual enquiry.

b. Freedom of Movement Within the Country, Foreign
Travel and Emigration

There are no significant restrictions on emigration and the freedom of movement within or travel outside the country.

c. Freedom to Participate in the Political Process

Gabon is a one party state and all candidates for political office must have the approval of the party. The President is elected by universal suffrage for a sevenyear term concurrently with the deputies of the unicameral National Assembly.

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4. Government Attitude and Record Regarding International and Non-Governmental Investigation of
Alleged Violations of Human Rights:

Gabon has not always been responsive to requests for outside investigations. Although Amnesty International did not include a section on Gabon in its 1977 report, the 1976 report stated that the Gabonese government did not cooperate with the organization's campaign for a general amnesty in the country. However, the report states that in December 1975, President Bongo announced an amnesty for all political prisoners who were sentenced six months earlier, with the exception of one.

THE GAMBIA

The Gambia is one of the few functioning multi-party democracies in Africa. Respect for human rights is guaranteed in the constitution and observed in practice. The Gambia is a strong backer of U.S. initiatives to establish majority rule in southern Africa, and is a firm supporter of our human rights policies. In Africa, in regional organizations such as the OAU and the Commonwealth, and in the United Nations, The Gambia has been in the forefront of those nations insisting on respect for human rights.

1. Respect for the Integrity of the Person, Including
Freedom from:

a. Torture

There is no evidence of torture in The Gambia.

b. Cruel,, Inhuman or Degrading Treatment or Punishment There is no such punishment in The Gambia, nor are there any reports of arbitrary deprivation of life.
c. Arbitrary Arrest or Imprisonment

There have been no instances of arbitrary arrest or impriment.
d. Denial of Pair Public Trial

Fair public trials are guaranteed by law and provided in practice.
e. Invasion of the Home

The home is inviolable, both in law and in practice.

2. Governmental Policies Relating to the Fulfillment of
Such Vital Needs as Food, Shelter, Health Care and
Education

All government policies are tailored to respond to the needs of the poor. In this rural, agricultural nation with a small population and limited resources, the needs of the poor are the major focus of government activity.

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3. Respect for Civil and Political Liberties, Including:

a. Freedom of Thought, Speech, Press, Religion and
Assembly

The Gambia's record and practice respecting these rights
rank among the best in the world.

b. Freedom of Movement Within the Country, Foreign
Travel and Emigration

There are no restrictions'whatsoever on these freedoms.

c. Freedom to Participate in the Political Process

There is full freedom, under the law and in practice, to participate in the political process. The nation's election of April 4-5, 1977 was hotly and openly contested by the four Gambian political parties. Opposing political vi ews are broadcast and published freely. There is universal adult suffrage.

4. Government Attitude and Record Regarding International
and Non-Governmental Investigation of Alleged
Violations of Human Rights

There has never been to our knowledge an allegation of human rights violations in The Gambia or a request by any international body to inspect or investigate human rights conditions in The Gambia. The government would be likely to respond affirmatively to any reasonable request of this kind.

GHANA

Ghana is ruled by a military government which came to power in January 1972, when it overthrew the elected government of Kofi Busia. Upon assuming power the military government suspended the 1969 constitution and banned political parties. These measures remain in force and the government rules by decree. The civil judicial system has continued to function'. The current regime recently initiated a program to return Ghana to a form of constitutional rule which includes human rights guarantees. The Ghanaian government has applauded the commitment of the US government to the advancement of human rights. It has also nurtured basic Ghanaian customs and traditions which conform to internationally recognized human rights.

1. Respect for the Integrity of the Person, Including
Freedom from:

a. Torture

Torture is not officially countenanced in Ghana. Howeverpublic testimony was given by defendants at two 1976 trials that torture was either used or threatened in order to obtain statements from them. The Ghanaian goverment allowed this testimony to be given and reported in the press. There have been no reports of torture in Ghana since the 1976 trials.

b. Cruel, Inhuman or Degrading Treatment or
Punishment

Few cases of civil, inhuman or degrading treatment have been documented, mostly dating from 1972-74. and in such cases the perpetrators were disciplined. Amnesty International is protesting some sentencing in Ghanaian courts including 5-8 years at hard labor for three men convicted of sedition in 1975 and the death sentences of five individuals convicted of subversion in May 1976. Legal and procedural safeguards against cruel, inhuman or degrading treatment or punishment, nonetheless, appear to be effective in the vast majority of cases.

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C. Arbitrary Arrest or Imprisonment

An active bar association, independent courts, and the right of habeas corpus serve as restraints against arbitrary arrest or imprisonment. Ghana has had provisions for preventive detention almost continuously since independence. Since 1973 the use of preventive detention has been limited, and reasonably prompt judicial action is taken to protect defendants. Although the government claims there are no political prisoners in Ghana, the Ghana Bar Association asserts that there are approximately 450 such individuals currently in detention, 175 of whom it claims were taken into custody without any court order or executive decree. The case is sub juice.

On July 31, 1977, Amnesty International listed Joseph H. Mensah and Ibrahim C. Quaye as Ghanaian-legislators imprisoned on political charges. Mensah and Quaye were charged with sedition by the Ghanaian government for authorship of a pamphlet on the Ghanaian economy. The government considered the pamphlet, which Mensah admitted writing, to be in violation of Ghana's criminal code. Mensah and Quaye were given a public trial and were represented by lawyers. on November 21, 1975, they were found guilty. Mensah was sentenced to eight years imprisonment and Quaye five years. Their lawyers are appealing the verdicts.

d. Denial of Fair Public Trial

Fair and public hearing, with the accused having the right of counsel, before independent national tribunals is the rule. Alleged exceptions are noted in l.c. above.

e. Invasion of the Home

The sanctity of the home is respected; search warrants are required.

2. Governmental Policies Relating to the Fulfillment
of Such Vital Needs as Food, Shelter, Health Care
and Education

Ghana's recently published development plan recognizes the government's responsibility to fulfill thebasic needs of food, shelter, health care and education. The plan also notes the problems (poor production, inflation,

43

lack of foreign exchange, etc.) which cause difficulties in the fulfillment of these needs. The Ghanaian government has emphasized programs designed to respond to the needs of the rural poor, but implementation of such programs has been uneven. For example, "Operation Feed Yourself", which was designed to make Ghana selfsufficient in food production, did well in years of adequate rainfall but has fared poorly during the past two years of insufficient precipitation.

Drought conditions in northern Ghana led to food shortages during the first nine months of 1977. Foreign donors, including the United States, provided emergency food, and Ghana purchased about 200,000 tons of foodstuffs to meet emergency demands. OXFAM and the Agency for International Development reported cases of diversion of some food to individuals and groups not severely affected by the drought, and the Ghanaian government has responded by replacing some senior officials and by taking steps to ensure that supplies reach the needy.

3. Respect for Civil and Poitical Liberties,
Including:

a. Freedom of Thought, Speech, Press, Religion
and Assembly

With the important exceptions noted below these freedoms are respected in Ghana. Freedom of association is restricted by a ban on political parties. Labor unions, youth and university groups, church and civic associations, active bar associations, and some independent newspapers flourish. Although press freedom officially exists in Ghana and the government does not undertake to direct the day-to-day content of the media, it sometimes exerts control over press treatment of specific issues when it feels Ghanaian government interests are significantly involved. Freedom of expression is also hindered by a 'Prohibition of Rumors Decree" which provides that any person who, with intent to bring the head of state or senior members of the government into hatred, ridicule or contempt, publishes any insulting matter by writing, print# or word of mouth shall be guilty of a crime punishable by five to ten years imprisonment. This decree was published in June 1977, but few cases have

44

been prosecuted. Persons who oppose positions advocated by the government are sometimes subject to harassment from government supporters.

b. Freedom of Movement Within the Country,,
Foreign Travel and Emigration

There are no Ghanaian restrictions on movement, travel or emigration.

C. Freedom to Participate in the Political
Process

At present political parties are banned, and the military regime rules by decree. On July 14, 1977, the Ghanaian head of state, General Acheampong, announced a timetable for a return to elected and constitutional goverment by'July 1, 1979. Ghanaians have been registered to vote in a March 30, 1978, referendum on the concept of union goverment. A report issued in October 1977 by an ad hoc committee on union goverment recommended that a new government be created with a president, vice president, and unicameral parliament--all chosen by direct general elections; a cabinet appointed by the president; important advisory positions for senior military and police officials; an independent judiciary; a constitution enshrining human rights; and a free press. There would be no political parties permitted, however. Should the referendum be approved, a commission would draft a constitution for consideration by a constituent assembly, and parliamentary-elections would be held on June 15, 1979.

4. Government Attitudes and Record Regarding
International and Non-Government Investigation of Alleged Violations of Human Rights

Ghanaian officials have been generally responsive to inquiries by such groups as Amnesty International. During a series of 1976 trials involving Ghanaians charged with subversion, General Acheampong invited members of the international press to attend the

45

court sessions, which were open to the public. An invitation to Amnesty International to observe the trial of Dr. Kofi Awoonor in October 19760 however,, was cancelled at the last moment. We have no information that any on-site inspections from groups such as Amnesty International have been requested since that time.

GUINEA

Guinea is a one-party socialist state. Sekou Toure, has been its only President since Guinea's decision to break from the French community and declare its independence in 1958. France's precipitate departure seriously injured the economy of the new nation. A sea-borne invasion by Portuguese mercenaries in November 1970 exacerbated Guinea's concerns for its external security and led to a zealous investigation of all suspected traitors to the nation. Sekou Toure's socialist philosophy and policies emphasize ideological commitment as an incentive for production rather than material rewards. The Government of Guinea views domination of blacks by whites in southern Africa as Africa's primary human rights problem. Within Guinea the social goals set by the official party-state take precedence over the integrity of the person and civil liberties. Past threats to Guinea's security, especially the Portuguese backed invasion, have reinforced this attitude. There have been several reports of use of torture in the early 1970s. Recent incidents are difficult to document. Arbitrary detention for political offenses continues.

1. Respect for the Integrity of the Person, Including
Freedom.from:

a. Torture

.Jean Paul Alatals book "African Prison" and a 1977 report by the International League for Human Rights describe cases of torture during the early 19701s. It allegedly was used under high-level sanction when tailored confessions were required. Not only Guineans but foreigners reportedly were tortured. Some reportedly died under torture. Evidence is lacking about the more recent period. Amnesty International stated in 1977 that it continues to receive reports of systematic use of torture to extract confessions and of deaths from such torture. we have no first-hand information that would enable us to reach an independent judgement on these allegations.

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b. Cruel, Inhuman or Degrading Treatment or
Punishment

Amnesty International has reported that prison conditions are said to be "extremely bad." Reports persist that prisoners are in some casesdeprived of food and water. Some prisoners have reportedly died under these conditions. It is a reasonable assumption that prison conditions in Guinea, one of the poorest of the developing countries in the world, are well below western standards. Public beatings for thievery or other offenses have occasionally occurred, primarily to deter crime by harsh example. Those forced to confess to political crimes are publicly denounced in a degrading manner.

c. Arbitrary Arrest or Imprisonment

The government occasionally purges those suspected of plotting against it. Public officials who fall into disfavor are subject to detention. The number of "Political" prisoners currently in detention has been estimated at less than 1,000. This figure includes some former senior government officials. Amnesty International reported that the total number of political prisoners in Guinea in 1977 may be conservatively estimated at 1,000. Given the lack of solid data available to us*, we are not in a position to accept or reject this figure. The Guinean official gazette announced the release of 128 prisoners in September 1976, 150 more in January 1977 and an additional 89 between February and July 1977. These apparently included political prisoners. Additional prisoners were reported released during the May 14, 1977 celebration of the 30th anniversary of the Guinean Democratic Party, reportedly including some political prisoners. Following the August 1977 market women's riots, several hundred were briefly detained but all were released. Some 62 political prisoners were released in December 1977. These include some former high-level officials. The International League for Human Rights (ILHR) has submitted a detailed complaint about Guinea to the United Nations Human Rights Commission (UNHRC). The document is on behalf of French citizens imprisoned between 1970 and 1975 and several hundred imprisoned Guineans.

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d. Denial of Fair Public Trial

Constitutional and statutory provisions for judicial procedures exist but do not seem to be consistently applied. Guinean law does not permit professional lawyers in private practice but provides for selection of well-educated private citizens to act as ad hoc defense attorneys. Some political cases may involve a public show trial in which the verdict has been determined on the basis of a prior "confession" and the presiding officials use the occasion for mass political education. Other political trials are held in camera.

e. Invasion of the Home

Police apparently enter homes in pursuit of suspects and to obtain evidence with constitutional safeguards taking second place to professed security concerns.

2. Governmental Policies Relating to the Fulfillment
of Such Vital Needs as Food, Shelter, Health Care
and Education

Government policy is directed towards improving the economic well-being of the people. A strong attempt is made to improve food production, health and education. Ideology is a predominant factor in public policy formation, however, and frequently limits options otherwise open for orderly, rational economic development. In the past, limited contact with the outside world has retarded development of adequate housing, education and health care.

3. Respect for Civil and Political Liberties,
Including:

a. Freedom of Thought, Speech, Press, Religion
and Assembly

The government discourages dissent from its political and ideological tenets. Intellectual inquiry contrary to the prevailing ideology is not encouraged. Islam is officially encouraged, and Christianity tolerated. Assembly is subjected to police controls. The press

is government controlled and few publications are available. Labor unions are firmly controlled by the government.

b. Freedom of Movement Within the Country, Foreign
Travel and Emigration

Movement is subject to an extensive police and paperwork system. Legal entry into and exit from the country is strictly controlled. However, the borders are porous and more than one million Guineans are believed to have departed since 1958 because of political or economic conditions.

c. Freedom to Participate in the Political
Process

The people are regularly exhorted to adhere to a continuing "revolution" which the single party-state conducts in their name. There is little freedom to dissent or not to take part in regime-directed political activity which guides most aspects of economic and administrative life. However, President Toure sees many petitioners and supplicants, and the government contends that the party-state structure and popular referendums provide adequate reflection of people's wishes.

4. Goverment Attitudes and Record Regarding
International and Non-Governmental
Investigation of Alleged Violations of
Human Rights

An international investigation was made of the 1970 mercenary attack on Guinea, and the Guinean Government has expressed willingness for outsiders to observe ita humanitarian practices. No such on-the-spot investigation is known to have taken place as yet. Information which has come out through relatives of political prisoners, exiles and released political prisoners form the basis of reports such as that the ILHR submitted to the UNHRC. The Guinean Government considers the ILHR report to be slander. In 1977 Amnesty International stated that it had attempted to make initial contact with the Guinean authorities with a view to intervening on behalf of political prisoners in Guinea and sending a mission to that country. We are not aware of the Guinean government's response to, if any, to Amnesty International initiatives.

GUINEA-B ISSAU

Guinea-Bissau is a single party state whose constitution guarantees fundamental rights in accordance With the principles of the Universal Declaration ,of Human Rights. The Guinea-Bissau government appears-to be committed to upholding the human rights guarantees outlined in the constitution, and it does not sanction"'violations. The origin of hte Guinea-bissau government--a clandestine state operating as an army 'of liberation whose principal goal was expulsion of the Portuguese--is still reflected in occasional overzealous actions by the state security apparatus. Guinea-Bissau declared its independence only in 1973, and the government is concerned about the security of its borders and about small and disorganized groups opposed to the current regime and operating outside the country. As these perceived threats to security decrease, as they appear to be doing, respect for human rights should be further enhanced.

1. Respect for the Integrity of the Person,
Including Freedom from:

a. Torture

There are no reports of torture in Guinea-Bissau.

b. Cruel, Inhuman or Degrading Treatment or
Punishment
Such actions are not countenanced in Guinea-Bissau.

C. Arbitrary Arrest or Imprisonment

The constitution guarantees the right not to be detained, arrested or condemned other than according to the law in force. However, the constitution also contains a provision which can be used to deny rights afid liberties to those who "encourage colonialism, imperialism, racism, or tribalism." The current regime in Guinea-Bissau fought a 13-year war with Portugal to gain independence, and a number of those detained in the period following independence were in the employ of the colonial regime. In recent months the Guinea-Bissau government has granted amnesty to a number of political prisoners and reduced

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the sentence of others. While the number of persons serving sentences for political offenses is not known, it is thought to be small.

d. Denial of Fair Public Trial

The right of defense is recognized and guaranteed to the defendant and the accused by the constitution. In the early days after independence a number of individuals arrested for political offenses did not receive public trials. In recent years, however, there have been no reported instances where defendants have been denied fair public trials.

e. Invasion of the Home

The constitution guarantees the inviolability of domicile and this guarantee is reportedly respected in practice.

2. Governmental Policies Relating to the Fulfillment
of Such Vital Needs as Food, Shelter, Health Care
and Education

The Gu.inea-Bissau government has instituted development plans to decentralize at the regional level a number of economic programs. This decentralization of a planned economy is designed to be more responsive to local conditions, to promote rural development, and fulfill basic human needs. As the Guinea-Bissau government began as a liberation movement based in the rural areas, the aspirations of the rural poor and the improvement of their living standards have always been prime concerns of the regime. Agricultural development is the top priority of the government. The results of the new decentralization approach have been limited so far,, but positive. Local participation in the planning process is genuine and working.

3. Respect for Civl and Political Liberties,
Including:

a. Freedom of Thought, Speech, Press, Religion
and Assembly

the constitution guarantees freedom of expression, thought, assembly, demonstration, and religion. The freedoms of

52

thought, speech and assembly are generally respected. However, where they involve criticism and opposition to the current government and party, they are limited. Guinea-Bissau's media is controlled by the government. A mass trade union organization is being created, and about one-half of the nation's 4,000 salaried workers are members. Freedom of religion is respected.

b. Freedom of Movement Within the Country,
Foreign Travel and Emigration

Foreign travel is limited, except to neighboring countries, because of difficulties in obtaining hard currency. Exit visas for foreign residents are required and are sometimes difficult to obtain. We know of no bars to emigration.

C. Freedom to Participate in the Political
Process

Guinea-Bissau is a single-patty state and opposition parties are not permitted. However, one need not be a member of the ruling party, the African Party for the Independence of Guinea-Bissau and Cape Verde (PAIGC), in order to hold elected or appointed office. Any citizen over 15 years of age is allowed to Uote. In December 1976, local referendums on single slates proposed by the PAIGC were held to elect representatives who would choose the deputies for the National Assembly. In districts where the slates were rejected by the voters, new slates were proposed and approved.

4. Government Attitude and Record Regarding International and Non-Governmental Investigation of
Alleged Violations of Human Rights

There have been no requests for outside investigations; Guinea-Bissau's response to such requests in the future would likely depend on the nature of the allegations and the reputation of the organization requesting the investigation.

IVORY COAST

Ivory Coast is a one party state with a free enterprise economic system. Its economy has developed quickly, but has been characterized by widening income disparities. Felix Houphouet-Boigny has been President since 1960. He has been known for the use of "dialogue" to resolve internal and external issues. There are no known political prisoners. The National Assembly affords an opportunity for the free expression of political views within a single party system. President Houphouet-Boigny personally received a representative of Amnesty International in 1975. Amnesty International congratulated him for an amnesty which included some political prisoners. Ivory Coast has been elected to the UN Human Rights Commission.

1. Respect for the Integrity of the Person, Including
Freedom from:

a. Torture

There have been no reports of torture in the Ivory Coast. Torture is prohibited by law and is not condoned by the government.

b. Cruel, Inhuman or Degrading Treatment or
Punishment

The lower economic levels probably experience brusque handling by law enforcement authorities but this is not believed to be severe. Arbitrary deprivation of liberty or life is'not permitted.

c. Arbitrary Arrest or Imprisonment

This is generally not practiced. The government will take firm measures to suppress public protests or plotting against the government. The only recent instance was temporary detention of students in early 1977, all of whom to our knowledge were released. In October 1975 Amnesty International wrote President HouphouetBoigny to congratulate him on an amnesty for some 5,000 prisoners, including some 85 political prisoners. The government states that there are now no political prisoners and we are not aware of any.

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d. Denial of Fair Public Trial

The right to fair public trial, patterned after the French system, is to our knowledge observed. There is an active bar association in Ivory Coast.

e. Invasion of the Home

Legal safeguards against arbitrary searches are to our knowledge respected.

2. Governmental Policies Relating to the Fulfillment
of Such Vital Needs as Food, Shelter, Health Care
and Education

The Ivory Coast has a relatively prosperous and growing economy which is characterized by widening income disparities, but the government has numerous programs to uplift the urban and rural poor and has received assistance from multilateral organizations for this purpose.

'The government tends to emphasize capital and infrastructure development over social programs.

Corruption is a matter of concern for the Ivory Coast's leadership since it diverts resources from the poor. There have been many rumors of corruption, some on a substantial scale, at high levels. Some of these reports are probably true. Stiff anti-corruption legislation was passed by the National Assembly in June 1977. In July 1977 many cabinet ministers were relieved of their positions. Some of these were rumored to be corrupt.

3. Respect for Civil and Political Liberties,
Including:

a. Freedom of Thought, Speech, Press, Religion and
Assembly

Freedom of thought, speech, and religion is generally observed, as is freedom of assembly unless the assembly is perceived as leading to a disturbance, in which case temporary detention may be employed. The press is

goverment-controlled but many non-government publications are available. Labor unions are closely tied to the government party but have a fair degree of freedom in representing worker viewpoints to the government and party. The government does not attempt to enforce ideological conformity or abridge intellectual inquiry.

b. Freedom of Movement Within the Country, Foreign
Travel and Emigration

The Ivory Coast exercises only minimal control over domestic travel. Foreign travel and emigration are free.

c. Freedom to Participate in the Political
Process

Ivory Coast is a one-party state. Felix HouphouetBoigny has been President since 1960 and has regularly been reelected by overwhelming majorities. There are no constitutional or legal restrictions against opposition parties, but they do not exist and there has been little or no organized political opposition since independence although there have been some instances of coup plotting. Both the President and the National. Assembly are elected by universal adult suffrage.

4. Government Attitude and Record Regarding
International and Non-Governmental
Investigation of Alleged Violations of Human
Rights

Ivory Coast has evinced a cooperative attitude toward inquiries into its human rights situation. In 1975 President Houphouet-Boigny personally received a representative of Amnesty International. We are not aware that any other organization has inquired into the human rights situation in Ivory Coast.

KENYA

-Kenyals political system and atmosphere are among the more open and lively in Africa. The Kenyan Government takes pride in the fact that the fundamental rights and liberties of its citizens are enumerated in the constitution, and in the existence of an independent judiciary to protect those freedoms. Nevertheless, the government also has and sometimes uses detention provisions and other restrictive powers, which it strongly defends as necessary in order to maintain law, order and public security. These powers have sometimes been used to silence critics of the senior leadership.

1. Respect for the Integrity of the Person, Including
Freedom from:

a. Torture

There is no indication that torture is practiced in Kenya.

b.' Cruel# Inhuman or Degrading Treatment or
Punishment

There are effective legal safeguards against cruel, inhuman ordegrading treatment or punishment, although prison conditions are very poor.

c. Arbitrary Arrest or Imprisonment

Political detention is permitted under the Public Security Act. Detainees must be informed of the reasons for their detention within five days of arrest, and they have the right to review of their cases every six months by a special tribunal. The tribunal is, however, appointed by the President, meets in camera, and its decisions are non-binding. The incidence of politically motivated arrests under these provisions since independence has been low. Recent cases, however, include two prominent dissident members of Parliament arrested in the aftermath of the March 1975 murder of a leading parliamentary critic of the regime, the arrest in May 1977 of a vocal parliamentary backbencher who had alleged corruption on the part of high government officials,

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57

and the arrest at the end of 1977 of a prominent
novelist whose works strongly criticized the Kenyan
elite. The total number of persons thought to be
detained at present under presidential order is
estimated at less than ten.

d. Denial of Fair Public Trial

In detention cases under the Public Security Act, the
authority of the regular courts is limited to ensuring compliance with certain procedural-rights; the courts cannot question the need for the detention.
This exception aside, the right to a fair public
trail is respected in Kenya.

e. Invasion of the Home

The generally high standard of impartiality of the
Kenyan courts has been paralleled by respect for due
process on the part of Kenyan authorities. As a
consequence, the sanctity of the home and other key
concepts of English Common Law are respected in
Kenya.

Kenya's economic development policies, emphasizing
free enterprise and the profit motive, have produced
a record of economic growth that is unusually good
for Africa. The government has developed a number of policies responding directly to the fundamental needs
of the poorer segments of the population. These programs include both regulatory measures such as
controls on the price of basic foodstuffs and development programs aimed at employment generation in the
urban areas and improvement of conditions for smallholders in the rural areas. Health care and education
are also priority areas for government development spending. These policies notwithstanding, however,
major gaps exist between the haves and the have nots
in Kenya.

High-level corruption is a problem in Kenya. It is
not clear,, however,, to what extent corruption has

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58

actually diverted resources away from uses which would raise the overall standard of living and benefit the poor majority.

3. Respect for Civil and Political Liberties,
Including:

a. Freedom of Thought, Speech, Press, Religion
and Assembly

Freedom of expression and communication in Kenya can be restricted under various sections of the penal code. The existence and occasional use of the detention laws exerts an inhibiting influence on public exchange of views on sensitive political topics. The government openly discourages student political activism, which in 1975 resulted in the temporary closure of the University of Nairobi. Although there is no formal censorship of news copy, government guidelines are issued on politically sensitive issues and are usually observed by the media. There is also a degree of self-censorship. However, Kenya's press is active and assertive in reporting and commenting on internal developments.

Freedoms of assembly and association are limited by the Public Order and Police Act which gives local administrative authorities and police wide powers to control public meetings. It is an offense not only to convene an unlicensed meeting, but also to attend one. With these powers, the government can prevent meetings by political opponents; the Act has been used in a few cases. Similarly, under the Societies Act the government can refuse to register any society that it believes may pursue activities harmful to public security. One opposition political party remains proscribed under this Act, and the government used the same powers to ban the Jehovah's Witnesses in 1973,; in the latter case, however, the government later revoked the ban when threatened with a court test of its constitutionality.

Kenya's trade union movement is active and vociferous.

There is full freedom of religion in Kenya.,

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b. Freedom of Movement Within the Country,
Foreign Travel and Emigration

Under the presidential detention power, individuals may be restricted in their movements within the country. Foreign travel and emigration are not restricted.

c. Freedom to Participate in the Political Process

Kenya has a one-party system, and the government has substantial powers to restrict political activity, as set forth in 3a above. At the same time, political activity within this framework is open to virtually all Kenyans and is vigorous. Parliamentary elections in 1969 and 1974 featured many lively contests between multiple candidates and resulted in the defeat of a number of incumbents.

4. Government Attitude and Record Regarding International and Non-Governmental Investigation of
Alleged Violations of Human Rights

The Kenyan Government has in the past barred entry into Kenya by certain journalists who have been critical of President Kenyatta. and his family. However we know of no instances of requests for information from the major human rights organizations that have been refused by the Kenyan Government. Requests for entry by outside groups to investigate human rights conditions would presumably be subject to close scrutiny, particularly requests for entry for the express purpose of investigating the detention system and other aspects of the government's
security powers.

LESOTHO

Lesotho has lacked written legal guarantees of
human rights since the suspension of its constitution in 1970, four years after it gained its independence from Great Britain. Respect for human rights has been undermined by continuing political turmoil and the'government's occasionally heavy-handed suppression of it. During the periods of greatest turbulence in 1970 and 1974, several hundred persons were killed in incidents of protest against the regime, and Great Britain temporarily suspended its program of budget support until order could be restored. In August 1975 Catholic and Protestant clergymen endorsed a nationwide interdenominational sermon deploring the deprivation of the Lesotho people of "their basic human rights." Since then, however, while continuing to curtail political and civil liberties, the government has shown increasing respect for the integrity of- the p rson and has made an effort to improve the living standards of its poorest.citizens. Instances of abuse of human rights of all kinds have declined as the regime has come to feel more secure, as foreign policy problems have diverted attention from domestic dissatisfaction, and as the nation's-energies are increasingly absorbed by the problems of assuring economic viability and providing basic needs.

1. Respect for the Integrity of the Person, Including
Freedom from:

a. Torture

Isolated instances of torture are believed to have taken place during the periods of political turbulence referred to above. During the last two years no such incidents have been alleged.

b. Cruel, Inhuman or Degrading Treatment or
Punishment

During the last two years no instances of treatment or punishment of this kind have been alleged.

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c. Arbitrary Arrest or Imprisonment

opponents of the regime face the possibility of arbitrary arrest and detention for renewable periods of sixty days without charge under emergency security legislation adopted in 1974. While this act has been freely used in the past, no persons are thought to be currently detained under its provisions.

d. Denial of Fair Public Trial

No trial is accorded to persons detained under the emergency security legislation referred to above. However, the judiciary in Lesotho has remained largely independent and will for the most part accord a fair public trial to persons whose cases are brought to the courts. Opposition leaders who were imprisoned following the 1974 attempt to overthrow the government received a full, public judicial hearing and were defended by legal counsel of their choice. None received the death sentence and several of the sentences were successfully appealed to courts of review. On the tenth anniversary of Lesotho's independence in 1976 a general amnesty was proclaimed for many of these imprisoned leaders. Some 26 who were not included in the amnesty still remain in prison.

e. Invasion of the Rome

Despite the continued existence of legal provisions for detention without charge, arbitrary invasion of the home has not been a significant problem during the last two years.

2. Government Policies Relating to the Fulfillment
of Such Vital Needs as Food, Shelter, Health
Care and Education

One of the poorest countries in Africa, Lesotho is largely dependent on foreign assistance to improve the economic welfare of its people. Its record in addressing itself to the needs of its poorest

62

citizens has been good. However, in the central area of relations with South Africa, its economic needs conflict with its political priorities. Prior to 1977, the government focused on economic development and the use of donor assistance to meet the needs of its rural poor in areas such as agriculture, health and education. In 1977, following increased friction with South Africa, Lesotho shifted to a policy of emphasizing selfsufficiency and economic independence from South Africa rather than development per se. The new policy implies greater attention to politically rather than economically motivated projects with the consequent danger of a lessened emphasis on attention to the needs of the poor. However, the government continues to stress a desire to commit the largest part of donor assistance to projects which will benefit the rural poor majority.

While corruption exists in Lesotho, it has not been a major problem or diverted significant resources away from the poor into the hands of a small elite. Lesotho government officials do not set individual examples of ostentatious consumption or corruption.

3. Respect for Civil and Political Liberties,
Including:

a. Freedom of Thought, Speech, Press, Religion
and Assembly

Lesotho is free of restriction's on thought and religion. The radio and most printed media are government controlled. However, there are some small independent newspapers which are occasionally critical of government policies. Unrestricted labor organization and activity are not permitted, but a trade union movement does exist and unions are allowed to bargain collectively with employers and enter into contracts. There are no legal guarantees of free speech, and in practice there are restrictions on freedom of speech. There are'sharp restrictions on freedom of assembly for purposes of political action.

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b. Freedom of Movement Within the Country,
Foreign Travel and Emigration

Until recently, there were few restrictions on travel and emigration. However, in December 1977 the government invalidated Lesotho passports for travel to Botswana in an effort to gain greater control over dissidents, students and critics who might seek refuge in that country. On the other hand, Lesotho is giving strong consideration to acceding to the 1951 Convention on Refugees and its 1967 Protocol, and welcomes refugees from other nations into its own country. There are no restrictions on domestic travel.

c. Freedom to Participate in the Political
Process

Political rights have been sharply restricted by the present government, which came to power in 1970 through a coup d'etat following its unexpected defeat in free elections. Charging election irregularities and the threat of communist-inspired subversion, Prime Minister Jonathan suspended the constitution, 'dissolved Parliament, nullified the elections and declared a state of emergency under which he ruled by decree until April 1975. Since that time an appointed National Assembly, which includes some representatives from the opposition, has acted as an interim legislative branch. Despite agitation, no plans have been announced for elections, and the Prime minister recently stated that none were contemplated.

4. Government Attitude and Record Regarding International and Non-Governmental Investigation of
Alleged Violations of Human Rights

The Government of Lesotho has not tried to cover up the violations of human rights that have occurred, and is willing to discuss past excesses openly. Most government officials believe the human rights

64

violations were unfortunate but necessary to maintain law and order during situations threatening civil war. The government has allowed outside investigation of alleged human rights violations. An Amnesty International representative attended the trials of the persons charged as a result of the January 1974 counter-coup attempt and provided relief assistance to the families of the imprisoned. Amnesty International protested the January 1976 re-detention of former opposition leader Kolisang, who had just been released from 60 days imprisonment. He was given a final release shortly thereafter.

LIBERIA

Liberia has had close ties to the United States dating back to the country's founding in 1822 by the American Colonization Society. Many of Liberia's institutions and concepts of government, including the separation of powers between the legislative, executive and judicial branches, are patterned after the American model. President Tolbert's True Whig Party has dominated Liberian political life for many years, but opposition groups exist and are legally entitled to contest elections. Liberia has one of the best human rights records in Africa.

1. Respect for the Integrity of the Person, Including
Freedom from

a. Torture

Torture is neither sanctioned nor practiced in Liberia.

b. Cruel, Inhuman or Degrading Treatment or
Punishment

In January 1977 public flogging of convicted thieves as a deterrent measure was reinstituted. This punishment has been infrequently applied, however, after some negative public reaction to the initial floggings. The government does not countenance arbitrary deprivation of life or involuntary servitude.

c. Arbitrary Arrest or Imprisonment

Arbitrary arrest or imprisonment has not taken place in recent years. There are no known political prisoners in Liberia.

d. Denial of Fair Public Trial

Access to the protection of the legal system is available to all. Trials are fair and public.

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66

e. Invasion of the Home

There are effective leg&l safeguards against arbitrary invasion of the home.

2. Governmental Policies Relating to the Fulfillment
of Such Vital Needs as Food, Shelter, Health Care
and Education

The Liberian Government is strongly committed to extending direct assistance to the country's poor. President Tolbert has repeatedly stated his firm dedication to a government responsive to the needs of his people. He has enthusiastically adopted the New Directions concept in U.S. aid with its emphasis on assistance to the rural poor. In the past several years Liberia's budget has been increasingly structured toward this end.

3. Respect for Civil and Political Liberties,
Including:

a. Freedom of Thought, Speech, Press, Religion
and Assembly

These freedoms are constitutionally guaranteed, and respected in practice.

b. Freedom of Movement Within the Country, Foreign
Travel and Emigration

There are no restrictions on movement within the country, and regulations governing travel abroad are minimal. Liberia's emigration policies are free and liberal.

c. Freedom to Participate in the Political
Process

The democratic process is open to all who meet the age and citizenship requirements. Liberia has been led by representatives of the True Whig Party since the late nineteenth century, and there are at present no other

67

registered national parties, though opposition groups exist and function freely. Opposition parties are neither proscribed nor suppressed, and many have existed over the years.

4. Government Attitude and Record Regarding
International and Non-Governmental
Investigation of Alleged Violations
of Human Rights

Liberia's positive human rights record is due in no small part to the personal convictions of President Tolbert and the top leadership. Liberia has given its support to U.S. human rights initiatives in a number of statements made by the president and Foreign Minister Dennis. Leaders of other groups in Liberia have also responded favorably to this issue.

The Liberian government probably would welcome an investigation into human rights conditions in Liberia if conducted by a reputable international organization. None of the major international human rights organizations have raised human rights issues or called for investigations of human rights conditions in Liberia in recent years.*

MALAWI

Malawi is a one-party state in which all effective political power is held by the Life President, Dr. H. Kamuzu Banda. The Malawi constitution provides extensive guarantees of civil and political rights. However, in 1968 an amendment empowered the government to suspend these guarantees if such action is deemed necessary "in the interests of defense, public safety, public order or the national economy."

The most serious violation of internationally recognized human rights in Malawi has been the arbitrary detention, without trial, of large numbers of Malawi citizens and some aliens. Over the last year, however, the situation has dramatically improved. While there is no sign that the Malawi Government is preparef to foreswear the use of its special powers or t nstate the suspended constitutional guarantees, ~1rostall of those detained have been released in a set-es of presidential amnesties.

1. Respect for the Integrity of the Person, Including
Freedom from:

a. Torture

Reports received by Amnesty International (AI) allege sporadic torture and brutality directed against political'prisoners, resulting in some deaths in detention. We have sought but have not obtained independent confirmation of these reports; some have been conclusively disproven. There is no evidence to suggest that the practice of torture is officially condoned by the Malawi Government.

During the 1972-73 period, AI charges that at least 50 Dnd perhaps as many as 100 Malawian Jehovah's Witnesse s were killed by Malawi Congress Party militants and mobsL- incited by them, often after torture. ,Harassment and beatings of Witnesses at that time were apparently widespread. AI and Jehovah's Witness groups have charged that such physical persecution was renewed following the return of many Witnesses from Mozambique
in 1975, but these reports appear to have been unfounded.

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b. Cruel Inhuman or Degradi'ng Treatment or
Punishment

Food is poor in Malawi's prisons, cells are crowded
and medical care is minimal, but it appears that prison officials have generally made a conscientious effort to maintain humane conditions within the limited resources available to them. Political prisoners have been segregated from ordinary prisoners, and there have been allegations, which we have been unable to substantiate,, that in some prisons they were subjected to degrading punishments for minor infractions of prison rules. Some former political prisoners have said, however, that boredom was the worst aspect of their detention.

c. Arbitrary Arrest or Imprisonment

Under the Public Security Regulations, summary detention has been common in Malawi. No arrest warrant is needed, no charges need be filed, and no trial is normally held. Typically, there has been no public notice of an individual's arrest, and many detainees .have never learned why they were imprisoned. It is estimated that in the fall of 1976, 1000-2000 persons were in detention for "political" offenses. Detainees
included former cabinet ministers and party officials, civil servants, university professors# students and
a variety of others.

In September, 1976, two senior officials identified
with extensive and capricious use of political detention powers were removed from office and charged with treason. In December of that year, the first in a series of mass amnesties took place. By mid-summer 1977, all but a handful of those detained without charge, including some who had been imprisoned for
over a decade# had been released.

d. Denial of Fair Public Trial

The right of accused persons toa fair, impartial and speedy public trial is generally observed, insofar as their cases come under provisions of ordinary Malawian law. The familiar safeguards of English Common Law

.70

are available to such defendants. However, no due process has been available to political detainees.

e. Invasion of the Home

In ordinary civil and criminal matters, the sanctity of the home and freedom from illegal search and seizure are normally protected in Malawi. In matters coming under the Public Security Regulations, however, such procedural safeguards are often ignored.

2. Governmental Policies Relating to the Fulfillment
of Such Vital Needs as Food, Shelter, Health Care
and Education

Malawi economy has performed well despite great poverty ($150 per capita GNP) and a lack of mineral resources. Malawi's impressive 6.5 percent real average growth since 1964 has been achieved in part by paying artificially low prices to the farmer for exportable commodities. Nevertheless, given its
-available resources the Malawi Government has made a creditable effort to ensure that everyone has enough to eat and adequate clothing; has made a promising., start on public housing; and is earnestly trying to bring basic educational and health services to the populace.

President Banda and his close colleagues have profited from their political power. Their land holdings are impressive, and the President's involvement in diverse business activities is common knowledge. Otherwise, official venality and corruption are virtually unknown in Malawi, and such breaches of the public trust are summarily dealt with when discovered.

circumscribed in Malawi. All forms of expression are censored. The press and broadcasting services are under total government control, and no criticism of the government may occur except as sanctioned by the President. In all areas concerned with politics and government, unconventional views are held or expressed at one's own risk. The Malawi Congress Party apparatus and extensive use of informants serves to enforce conformity. No dissent is tolerated; criticism of the Life Presidentr however indirect or mild, is punishable by detention. Peaceful assembly is subject to careful government scrutiny and prior approval is required.

Non-governmental organizations in Malawi, including
trade unions (under the Malawi Trade Union Council) are subject to strict government control.

Freedom of religion is honored in Malawi except in the case of the Jehovah's Witnesses and the Watchtower Bible and Tract Society, which were banned in 1967 and 1969 respectively as. "unlawful societies ... dangerous to good government." In 1972-73, during the period of violent persecution referred to above, 15-20,000 Witnesses fled to Mozambique and Zambia. In August 1975, those who remained in Mozambique were forcibly expelled and returned to Malawi; subsequently, at least two thousand were brought to trial under the banning law, which provides penalties for membership in proscribed organizations, and were sentenced to prison terms, typically of two years' duration. Recent reports indicate that most, if not all of the Witnesses have now completed their prison terms and are being allowed to return to their home villages, where the Government has made special efforts to encourage their successful reintegration into village life.

b. Freedom of Movement Within the Country,
Foreign Travel and Emigration

Under the Public Security Regulations, the government has the power to restrict the movement contacts and employment of any citizen. This power has typically been used to exercise control over persons

72

released from political detention. Such former detainees have usually been required to return to their home villages and to report at short intervals to the local party branch. Very few of the many persons released from detention in the past year have been rusticated in this manner, although none are yet known to have been permitted to resume their former employment.

The Government of Malawi has often denied passports to former detainees and to other suspected dissidents, a practice which restricts both short-term foreign travel and emigration. Aliens, whether visiting or resident in Malawi, are subject to summary deportation. In mid-1976, virtually all of Malawi's Goan residents,, over 200 people, were expelled for allegedly failing to give due respect to President Banda.

c. Freedom to Participate in the Political
Process

ince putting down an early revolt against his authority by dissident cabinet ministers in 1964 and 1965, President Banda has not had to face another seriouschallenge. He became president for life in July, 1971.

Membership in the Malawi Congress Party (MCP) is open only to Malawi citizens of indigenous African origin, and is compulsory for anyone wishing to hold public office. No political activity outside the MCP framework is permitted, and although the Government asserts that there is grass-roots democracy within the MCP, access to political office at any level is subject to the President's veto. Parliamentary elections are constitutionally provided for, with universal adult suffrage, but the last such elections were cancelled because none of the MCP candidates was opposed.

4. Government Attitude and Record Regarding International and Non-Governmental Investigation of
Alleged Violations of Human Rights

President Banda contends that authoritarian control is

73

essential for Malawi's development, that Malawi is
unique, and that no one outside Malawi has any right to criticize his policies. There is little prospect that he will permit outside investigation of alleged
human rights violations. The United Nations High
Commissioner for Refugees has been denied access to
and information about the status of Malawian Jehovah's
Witnesses. Amnesty International and similar groups
have also been denied access to Malawi; President Banda at one time explicitly threatened reprisals
against prisoners "adopted" by AI.

Foreign journalists have long been persona non grata
in Malawi; recently however the Malawi Government has invited several reporters to visit the country.

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MALI

Mali's governing Military Committee of National Liberation is moving toward return to full civilian government in 1980, after the new constitution comes into full force in mid-1979. The new constitution confirms human rights defined by the Universal Declaration of Human Rights, but current law gives the military government the authority to override these rights in the national interest. Mali appears to be genuinely prepared to move toward greater respect for human rights, but at a rate determined and controlled by the military government. National reconciliation is one of the primary objectives of the military government's program, and progress has been made.

1. Respect for the Integrity of the Person, Including
Freedom from:

a. Torture

There are no reports of the use of torture in Mali.

b. Cruel, Inhuman or Degrading Treatment or Punishment

There are no reports of such treatment or punishment in Mali, nor are there any reports of arbitrary deprivation of life. we have no indication that prison conditions are unduly harsh.

c. Arbitrary Arrest or Imprisonment

Although uncommon, there have been confirmed incidents of arbitrary arrest and imprisonment in connection with "political offenses." In 1975, proclaimed the "year of reconciliation" by President Traore, many -- but not all -- political prisoners were released. Amnesty International's 1977 Report notes twenty-eight adoptees and one investigative case in Mali. In late 1977 the government pardoned a number of dissident students detained earlier in the year.
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d. Denial of Fair Public Trial

The constitution provides this right, and it is usually observed in practice. Six Tuareg secessionists were, however, imprisoned from 1963 until their trials in 1977. Death sentences imposed on the six at that time were later in the year commuted to
life imprisonment.

e. Invasion of the Home

The new constitution provides that the home is inviolable, and a search requires a warrant which may be obtained only under appropriate conditions specified by law. However, house-to-house warrantless searches have occurred sporadically, usually as the result of some specific political incident, such as during the spring 1977 student strikes.

Mali's present governmental policies are focused on responding to the needs of the poor. Mali ranks among the three or four poorest nations of the world according to UN estimates. Economic development programs are aimed at improving the livelihood of the country's overwhelmingly rural agricultural and nomadic population.

Corruption, is a growing problem. its first significant appearance can be traced to the time of the 1969-74 Sahel drought, when diversion of commodities and misappropriation of funds were noted by almost all donors. There are almost constant warnings by President Traore against dishonest practices, occasional corruption trials, and the removal of egregiously corrupt officials. Corruption cannot at this time be considered a serious drain on the country's development resources. It does, nonetheless, have a braking effect and diverts some resources from those in need.

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3. Respect for Civil and Political Liberties, Including

a. Freedom of Thought, Speech, Press, Religion
and Assembly

Mali has been ruled since 1968 by a military committee, and organized political activity is prohibited. Freedom of speech is, therefore,.restricted. Fifteen persons were arrested for distributing a pamphlet opposing the June 2. 1974, constitutional referendum, and in June 1977, the government used force to control a series of street demonstrations which on several occasions had resulted in vandalism and destruction of property. Malians are free to assemble for social and professional purposes, although the labor unions, women's and other groups are required to follow the government's direction on political questions. There is freedom of religion. The press is government controlled.

Mali's National Union of Malian Workers is expected to play an important role in Mali's political future and has already secured a voice in the management of Mali's enterprises. It has,. however.. often acted as a conduit for policies enunciated by the ruling Military Committee of National Liberation. The statues for the new political party to come into existence at the end of military government in June 1979, give two ex-officio seats to union representatives on the Party's National Council, the main policy-making organization. The Secretary General of the Union is also represented on the 17-member Executive office, which will run the Party's daily affairs.

b. Freedom of Movement Within the Country,
Foreign Travel and Emigration

Freedom of movement within Mali is generally unrestricted, although inter-city travelers are subject to frequent police checks, which are allowed by the law. The present military government won its popularity in part by removing most barriers to travel common under the previous

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regime. There are no barriers to emigration or foreign travel.

c. Freedom to Participate in the Political
Process

The new Malian constitution, which comes into full force in 1979, foresees the election by universal suffrage of a president and national assembly, and the nascent political party, the Democratic union of the Malian People, will at least theoretically represent all the people. The constitution guarantees equality under the law for all except members of the pre-1968 regime.

4. Governmental Attitude and Record Regarding
International and Non-Governmental Investigation of alleged Violations of Human Rights

There have been no requests for independent, outside investigations of alleged human rights violations in mall. Since 1968 Amnesty international has urged the release of political prisoners and in 1974 organized a campaign to publicize the prisoners' plight. The National Academy of Sciances Commission on international Relations has expressed interest in the situation of a mathematician in 1974
for unlawful distribution of political tracts during the constitutional referendum.

MAURITANIA

Mauritania's overriding concern at present is to defend itself against attacks on its economic and urban centers by guerrillas of the Polisario Front, operating out of Algeria. Despite this preoccupation the government of Mauritania respects generally in word and fundamentally in deed the human rights of its citizens. Its constitution reflects both the French Declaration of the Rights of Man and the Universal Declaration of Human Rights.

1. Respect for the Integrity of the Person, Including
Freedom from:

a. Torture

Mauritanian law prohibits the use of torture and there are no reports that it has been practiced in Mauritania.

b. Cruel, Inhuman or Degrading Treatment or Punishment

These types of treatment or punishment are not practiced. There are no reports of arbitrary deprivation of life.

c. Arbitrary Arrest or Imprisonment

This is prohibited by law and generally is not practiced in Mauritania. Some persons,, however,, have been arrested and detained in the past for participating in illegal political activities in contravention of the Mauritanian Constitution which recognizes only one political party. Thirty persons detained for such illegal political activities were adopted by Amnesty International, which in its 1975-76 Report noted that all had benefited from a general amnesty declared by the Mauritanian Government in September, 1975. We have no information on when these persons were detained, or whether they were granted fair, public trials at the time. The ongoing Polisario attacks on Mauritania's urban and economic centers prompted internal security measures such as questioning of suspected Polisario supporters by the authorities. Some 100-200 suspects were brought in for interrogation following the first attack on the capital city of Nouakchott in July, 1976. They were released within four or five days. There are no reports of any political prisoners or detainees in Mauritania at this time.

d. Denial of Fair Public Trial

Fair, public trials are provided.
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e. Invasion of the Home

This is prohibited by law and is not practiced.

2. Governmental Policies Relating to the Fulfillment of
Such Vital Needs as Food, Shelter, Health Care and
Education

Mauritanian Government economic development policies are designed to respond directly to the needs of the poor-the sedentary agricultural and widely dispersed nomadic peoples which make up 75% the population. The national goals adopted by the Government of Mauritania are economic development and social welfare. The Third Economic Development Plan (1976-81) emphasizes growth in the rural sector. Present government concentration is on increased agricultural production, and eventual food self-sufficiency, through emphasis on food crops and better cultivation techniques, improved rural infrastructure, training, and extension of existing livestock programs. The Government also seeks to improve health services to the rural poor. The result of this policy is allocation of an increasing proportion of government expenditures to the rural sector.

3.* Respect for Civil and Political Liberties, Including:

a. Freedom of Thought, Speech, Press, Religion and
Assembly

These freedoms a re protected. Although the Mauritanian constitution proclaims Islam to be the religion of the Mauritanian people, (and the formal national name of the country is The Islamic Republic of Mauritania), the constitution guarantees "freedom of conscience and the right to practice one's religion." These do exist in fact, and non-Moslems have not experienced difficulty exercising their religion in Mauritania. There is a Roman Catholic Bishop, several Catholic congregations, and there are no restrictions in fact on any religious expression or practice. Ninety-nine percent of the population is Moslem. Mauritania has one union, the Union of Mauritanian Workersy which is closely allied to the government. The one daily newspaper is published by the government and there is one government radio station. These are indications of the -

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state of national development rather than an effort to control the media. International shortwave broadcasts and television broadcasts from nearby Dakarr Senegal, are received without interference. Foreign newspapers, magazines, journals, and books freely circulate and are readily available to all without any government restriction, even when containing information or commentary critical of the government. The government makes no attempt to enforce ideological conformity, and the average Mauritanian citizen freely expresses his views on national issues.

b. Freedom of Movement Within the Country, Foreign
Travel and Emigration

Freedom of movement is allowed within Mauritania, subject to control over travel to some areas because of the Polisario guerrilla military activity. Foreign travel and emigration are not restricted.

c. Freedom to Participate in the Political Process

The Mauritanian Constitution assures equality to all in the political process, regardless of race, religion, or si x-but only within the framework of the Mauritanian Peoples Party, the sole legal political party in Mauritania. The National Assembly and the President are elected by universal adult suffrage.

4. Government Attitude and Record Regarding International
and Non-Governmental Investigation of Alleged
Violations of Human Rights

We are aware of no outstanding requests for outside investiqation of human rights conditions in Mauritania, but believe that the government would respond favorably should such requests be made by responsible organizations.

MOZAMBIQUE

Mozambiquer a former Portuguese colony which gained independence in 1975, has embarked on a socialist course of national development under the guidance of its sole political party, FRELIMO (Front for the Liberation of Mozambique). Civil and political liberties have been considerably circumscribed. There have been few allegations of cruel, inhuman or degrading punishment. The Mozambican government is making a major effort to meet the basic needs of the population, but it has been seriously hindered by severe shortages of resources and personnel.

1. Respect for the integrity of the person including
freedom from:

a. Torture

Torture does not appear to be practiced or countenanced.

b. Cruel, Inhuman or Degrading Treatment or
Punishment

There have been a few unsubstantiated allegations of cruel, inhuman or degrading treatment or punishment.

C. Arbitrary Arrest or Imprisonment

Detention without trial is frequently practiced in Mozambique, largely for purposes of political indoctrination. The number of persons involved appears to be considerable, but the Mozambican government has not divulged figures on how many it is holding at its "reeducation" camps.

d. Denial of Fair Public Trial

Because of lack of experience and personnel, the operation of the judicial system is erratic. Furthermore, the government's desire to reshape society to fit "socialist" patterns has led to trials at variance with normal judicial procedures. In many instances, persons accused of a crime are tried and sentenced by a security official and have no recourse to a fair public trial. It is impossible for an accused to retain private legal counsel since the private practice of lawhas been abolished.
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e. Invasion of the home

The sanctity of the home is generally respected, but exceptions to this rule do occur in instances where officials believe that there may be a threat to the security of the state.

2. Governmental Policies Relating to the Fulfillment
of Such Vital Needs as Food, Shelter, Health Care
and Education

The Government of Mozambique has been earnestly attempting to carry out policies to meet the basic needs of the population for food, health care, shelter, and education. It has launched ambitious programs in all these fields including one to vaccinate the entire population against contagious diseases and another to eradicate illiteracy. Implementation of these programs has been uneven, mainly because of lack of materials and trained personnel to carry them out rather than because-of lack of will on the part of the government.

As the result of the spill-over from the war in Rhodesia, the severing of trade and transportation links with Rhodesia in line with United Nations resolutions, and the mass exodus of trained Portuguese at the time of independence, there are, at present, serious shortcomings in the national economy.

Food shortages are commonplace, health care has been disrupted, opportunities for higher education have been curtailed, and, in some instances, factories have ceased to operate.

Corruption diverting resources towards the elite and away from the poor does not appear to be a serious problem. When it is detected, strong action is generally taken against those involved.

3. Respect for Civil and Political Liberties, Including:

a. Freedom of Thought, Speech, Press, Religion
and Assembly

Criticism may be voiced from within FRELIMO, the ruling party. However, public criticism of the oartv and its policies is not allowed. Persons who publicly criticize

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the government and its social policies may be subject to being sent for varying periods to "reeducation" centers for intensive political indoctrination.

The-media in Mozambique are government-controlled and are not accessible to those who wish to question basic government policies.

Freedom of religion is guaranteed in the constitution, but there has been some repression of foreign missionaries and certain proselytizing sects. Churches are no longer permitted to operate schools or hospitals.

Freedom of assembly is limited by the one-party system. Nevertheless, independent trade unions, based in larger uzoan areas, continue to exist. However, the government and party have more and more emphasized the importance of quasi-official workers' assemblies and have organized so-called "dynamizing groups" at industrial and commercial establishments to provide political guidance and control.

b. Freedom of Movement Within the Country, Foreign
Travel, and Emigration

There is freedom of movement within the country except ih some combat-affected areas adjacent to the Rhodesian border. The right of emigration has been maintained for non-citizens resident in Mozambique, but there are tight restrictions on the removal of money and property. Restrictions have been placed on emigration and foreign travel by Mozambican citizens.

C. Freedom to Participate in the Political Process

Mozambique is a one-party state controlled by FRELIMO. The party has adopted Marxism-Leninism as its guiding political philosophy. There is universal suffrage, but all competition among candidates takes place within the FRELIMO party structure. Election to national office is indirect and effected through district and provincial assemblies. Opposition political movements are not permitted.

4. Government Attitude and Record Regarding International
and Non-Governmental Investigation of Alleged Violations' of Human Rights

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No outside investigations of human rights are known to have been carried out in Mozambique or requested by international organizations. However, during the past few months Mozambique has permitted foreign journalists to tour the country extensively. Two American journalists who recently did so, separately, reported extensively on human rights conditions in the country. They indicated that while there were restrictions on civil and political liberties, in other respects, such as in efforts to raise living standards, Mozambique had a favorable human rights record.

NIGER

Niger is ruled by a military government. The armed forces seized power in April 1974 claiming corruption was widespread in the civilian government and that emergency measures were necessary to deal with the critical food situation. The new military government has made economic development its first priority and has sought to improve the welfare of the average citizen, particularly the rural poor. However, since the military government has banned all political activity, restrictions exist on freedom of expression. Several members of the former government have been released from house arrest; a few of the former government's members remain under house arrest, but more releases are expected. Many of the former detainees have been reinstated in the civil service. Niger's pre-independence French legal system and practices have been left largely intact French .legal safeguards are respected in civil and criminal cases. The military government still refers to itself as "provisional", yet has announced no schedule to return the country to civilian rule. Civilians now hold twelve of the nineteen cabinet positions in the government.

1. Respect for the Integrity of the Person, including
Freedom from

a. Torture

There are no reports of the use of torture in Niger.

b. Cruel, Inhuman or Degrading Treatment or
Punishment

There are no reports of such treatment or punishment in Niger, nor do we have any evidence of arbitrary deprivation of life. There is no evidence of inhumane prison conditions in Niger.

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c. Arbitrary Arrest or Imprisonment

Reported infringements have been rare, but incidents of arrest and imprisonment without due process have occurred, especially in cases involving members of the previous regime. Amnesty International reports that it is "handling" the cases of 18 persons accused of plotting against the government who have been jailed without trial. There is no information on the exact number of political prisoners who have been detained without trial. The integrity of the person is not specifically guaranteed by law in Niger, since the military government has suspended the constitution and rules by decree.

d. Denial of Fair Public Trial

The right to a fair public hearing and trial generally is observed in criminal and civil cases not involving political acts. Several plotters executed in connection with a March, 1976 attempted coup were tried by a specially constituted military court. Courts dealing with civil and criminal questions appear free from political.influences and pressures.

e. Invasion of the Home

The inviolability of the home generally is respected although the government's power to conduct searches is not limited by statute.

2. Governmental Policies Relating to the Fulfillment
of Such Vital Needs as Food, Shelter, Health
Care and Education

The Government of Niger (GON) in cooperation with foreign assistance donors is an active participant in Niger's economic and social development. As a member of the Interstate Committee for the Struggle against the Sahelian Drought (CILSS), the Government of Niger has publicly committed itself to improving the standards of living of its citizens by raising per capita income, promoting development of the agricultural sector and improving social services

87

and education programs ahd promoting employment. The GON in its three years in power has shown a relentless dedication to these objectives. The military government's development efforts., international assistance# and the return of good weather have all been key factors in Niger's economic recovery since 1974.

3. Respect for Civil and Political Liberties,
Including

a. Freedom-of Thought,, Speech,, Press, Religion
and Assembly

These freedoms are restricted in Niger. Dissent is rarely voiced openly. Some forms of voluntary assoclations and expressions such as trade unions, churches and religious groups are, however, generally permitted. The trade unions are under the influence of the government. The press is government-controlled, but there is a certain degree of editorial independence The government does not attempt to impose ideological conformity.

b. Freedom of Movement Within the Country,
Foreign Travel and Emigration

There have been no reports of restrictions on movement within the country, foreign travel, or emigration.

c. Freedom to Participate in the Political
Process

The freedom to participate in the political process is restricted in Niger. Upon taking power in April 1974, the new military government suspended the constitution, abolished the national assembly and banned all political activities. The executive branch is now dir ected by a Supreme Military Council (SMC) comprised of the army officers who organized the coup. The president of the SMC is also chief of state and president of the council of ministers. Civilians, named by the president, now hold a majority of the positions in the Council of Ministers.

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The military government has announced no schedule to return the country to civilian rule.

4. Government Attitude and Record Regarding International and Non-Governmental Investigation of
Alleged Violations of Human Rights

There have been no proposals for an outside investigation of human rights in Niger. We do not know whether the Government of Niger would accept such a proposal.

NIGERIA

A military coup brought the Federal Military Govern~ment (FMG) to power in 1966. After the 1967-70 civil war, amnesty was extended to all but a few secessionist leaders, and Nigeria achieved noteworthy success in bringing about internal reconciliation and the reintegration of secessionist elements. On July 29, 1975, a bloodless coup resulted in a change of government leadership. on February 13, 1976, the head of state General Murtala Muhainmed was assassinated in an aborted coup. The present leader of the government is Lt. General Olusegun Obasanjo.

Chapter III of the 1963 constitution contains broad human rights guarantees which generally remain in force. From time to time, however, FMG decrees circumscribe some rights. A ten-year old state of emergency remains in force though many of its provisions appear to be held in abeyance.

1. Respect for the Integrity of the Person, Including
Freedom from

a. Torture

The right to freedom from torture is observed.

b. Cruel, Inhuman or Degrading Treatment or
Punishment

The right to freedom from cruel, inhuman or degrading punishment is observed with the exception that armed robbers convicted by civilian trial are executed in public, as a deterrent measure, and some of those adjudged by a military tribunal guilty of complicity in the February 1976 coup attempt, which resulted in the murder of the chief of state, were subsequently publicly shot. However, death sentences imposed by civilian courts normally are not carried out in public. Nigerian prisons lack many modern facilities but prisoners are generally treated well.

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Family members are permitted liberal access to prisoners and are allowed to provide food, clothing and other basic needs.

c. Arbitrary Arrest or Imprisonment

The right to freedom from arbitrary arrest or imprisonment generally is observed although there have been exceptions when the government believed a question of internal security or other emergency existed. To the best of our knowledge, there currently are no political prisoners in Nigeria.

d. Denial of Fair Public Trial

Fair public trials are almost always available. However, an eleven-year old state of emergency remains in effect, as do the decrees (particularly the Armed Forces and Police Special Powers Decree No. 24 of 1967 and the Supremacy and Enforcement of Powers Decree No. 28 of 1970) which prevent the judiciary from questioning the substance of the Federal Military Government authority to detain persons without trial. The Public Officers (Special Provisions) Decree of March 21 1976, denies dismissed public officials the right to seek redress in court. In recent years, the state of emergency provisions have rarely been invoked, and the ordinary Nigerian continues to receive justice from the courts under both traditional and statutory law.

e. Invasion of the Home

The right to be free from invasion of the home is observed, though there has been one case in the past year in which the home of a prominent Nigerian citizen was entered by the Nigerian government with neither the consent of the owner nor a search warrant. However, the government's action in this instance is being challenged in the courts which can and do rule against the government.